Ex-Wife Lays Claim to Proceeds of Sequel to Bestseller : Entitlement: Laguna Beach author contends the book was written after their divorce in 1977 and belongs to him alone.

Gweneth Goodwin Taylor and Laguna Beach author Theodore L. Taylor divorced 17 years ago, but they are still fighting over what might be community property--in this case, not china or silver but a book Theodore Taylor published just last year.

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Theodore Taylor is author of “The Cay,” the 1969 acclaimed young adult novel that has sold nearly 3 million copies worldwide. Last year, he published a sequel called “Timothy of the Cay.”

Gweneth Goodwin Taylor alleges that the new book, which was promoted with a three-month, 40-city book tour, is based on the original mega-seller, thereby entitling her to a share of the proceeds. The author contends that because the new book was written after the divorce, it belongs to him alone.

When Theodore Taylor, 73, and Gweneth Taylor, 70, were divorced in 1977, they agreed to share proceeds and royalties from any works Taylor completed before the breakup, including “The Cay,” said attorneys for both Taylors.

“The Cay” tells the story of a bigoted white boy named Philip who sheds his prejudices after being shipwrecked on a deserted island with a black sailor named Timothy. It is by far Taylor’s most lucrative book, and is still required reading in junior high schools around the nation.

It was made into a television movie in 1973 starring James Earl Jones as Timothy.

Because the later book, “Timothy of the Cay,” uses a character from “The Cay,” it is considered a “derivative product” under federal copyright laws, contends Gweneth Taylor’s attorney, Rodney C. Miles of Irvine.

Since Gweneth Taylor was given half-ownership rights to “The Cay” in the 1977 divorce, “she is entitled to part of the proceeds from any derivative work,” Miles contended.

Miles said he did not know how much money Theodore Taylor has made from the new book. Publishers Weekly reported last year that Taylor’s deal for the paperback rights to “Timothy of the Cay” was in the mid-six figures.

But Theodore Taylor’s attorney contends copyright laws do not apply to this case. Gweneth Taylor is entitled to nothing from the sequel because “Timothy of the Cay” was written after the marriage had ended, he said. “The new book is a work of art that Mr. Taylor created and prepared long after they separated,” said Alan I. White of Costa Mesa.

“The divorce judgment provides that anything Mr. Taylor produces or prepares after the divorce is his separate property,” he said.

From his Laguna Beach home, Theodore Taylor said, “ ‘Timothy of the Cay’ is a new book. She has nothing to with the writing of it, the characters or the idea.”

Gweneth Taylor could not be reached for comment.

Later this month, a family court judge will hear evidence on the issue. Attorneys for both parties said they would go to trial if the issue cannot be solved with the help of a judge.

According to Western State University law professor Sherman Winnick, the “derivative work” clause within copyright laws applies when a new book uses similar characters or ideas from a previous work.

When a derivative work has been created, the original copyright owner or owners are entitled to a portion of the new work’s proceeds, Winnick said.