so yeah this sucks

So i pick up a new book at the books a million this afternoon after work cause the first few pages seemed cool and i wanted to see what happened. I get about a hundred pages into it and it clicks. I wrote this book. or at least the original un edited version. the names and locatiosn are changed and there are a few more guns involved but it's my book. right down to the ugly haunted necklace worn at all times by the main character who happens to be a clairvoyant. the main charachter, a red head, has her room in her apartment even decorated the same way and is wearing the same mini skirt and thigh high boots combo in the first few chapters.

unfortunatly i have no copywrites and alas no recourse.

odd note, the "author" of this book lives in orlando... i'm thinking of tracking her down and having a very interesting cup of coffee with her.

K

thats crazy. i'd be quite upset.

even if you dont have a registered copyright you may possibly be able to take legal action if you can prove that you wrote the book originally it has been done before, because as soon as you write whatever down on paper or record it you immediately hold copyright.

I'd at least track her down...and not for that cup of coffee. Having similar ideas is one thing, but to have the same ideas and weave them into a story that is incredibly similar to yours is quite a "coincidence".

It's definately worth looking into and seeing where the ideas came "from".

I am not an attorney, so please don't take this as legal advice, but lack of registration merely means you are not entitled to statutory damages. There are, however, many other sorts of damages you may be able to pursue. When it is created, it is copyrighted. Do you have and archive of your original text in a notebook or LJ posts or anything?

fuck thats not cool... i keep getting flashbacks to secret window though... johnny depp is fun to look at, but yeah when that happens to you... fuck that :S id for sure track her down and be like wtf???

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Originally Posted by AmeliaG

I am not an attorney, so please don't take this as legal advice, but lack of registration merely means you are not entitled to statutory damages. There are, however, many other sorts of damages you may be able to pursue...

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I'm not an attorney either, but 7 of them work for me, so I'll hoof the keyboard to the one not looking busy enough...

Amelia - in reply to your post, the answer is "yes and no" - as the good ol' USA is a signatory to the Berne Convention AND the UCC any artistic work is copyrighted implicitly to the creator but Congress modified the Convention slightly for residents, and requires the (C) symbol to prevent 'innocent use' defense in court. If you can prove that the work existed at or before a certain date then you can register the copyright retrospectively at the Library Of Congress ($30 fee) using your Berne rights to prove ownership and creation dates, should legal action be taken. However, to claim infringement of the work, sue for damages or prevent publication of something as well as registration it's necessary to prove that the derivative (the new book) was based on yours and not a coincidence - in other words the author would have to have had access to your story, and the balance of evidence would then need to show it was your story that contributed to the work, in a way not possible without it. This is the end-point of the whole Dan Brown legal fiasco - having a 'broadly similar idea' is not infringement if both parties got their inspiration from something in the public domain, like a historical event. Proving a plot is a derivative work can be difficult unless there are statistically improbable similarities (character names, etc.).

In your case it's the 'proving it existed on or before XXX' that'll decide everything - LOC registration does that, but the courts tend to accept very few other types of proof (very specifically sealed registered mail is one, a copy lodged with a public official is another, but existence online is rarely accepted as legal proof of provenance when money is concerned, as electronic records can be altered. Not easily, but they can - whereas the LOC registration gets you a physical wallet in their basement with a handwritten dated signature on it).

This link:-

http://bandfoundry.draftlight.net/re...onventions.php

talks about music and video but applies equally to written works, lyrics and books.


mG

i just want to know why she changed Ian's name ot Tomas.

It stings and all but at least now i can find out how the story ends.

I still have the prequel stuff and etc and there are enough differences that there is a possiblility that i can still finish my serise of events and just re tool it to where it has less to do with this version. it's not that big of a deal but there's nothing quite like readig your own words un expectedly.

but i still want to track her down for a very interesting cup of coffee.

K

that's not right :(

keiko if you ever finish your work and get it published let us all know, I would love to read your story through your words, not some cheap theif's stoeln knockoff version.

I'd be flattered, of course I'm also completely insane

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Originally Posted by Mindgames

I'm not an attorney either, but 7 of them work for me, so I'll hoof the keyboard to the one not looking busy enough...

Amelia - in reply to your post, the answer is "yes and no" - as the good ol' USA is a signatory to the Berne Convention AND the UCC any artistic work is copyrighted implicitly to the creator but Congress modified the Convention slightly for residents, and requires the (C) symbol to prevent 'innocent use' defense in court. If you can prove that the work existed at or before a certain date then you can register the copyright retrospectively at the Library Of Congress ($30 fee) using your Berne rights to prove ownership and creation dates, should legal action be taken. However, to claim infringement of the work, sue for damages or prevent publication of something as well as registration it's necessary to prove that the derivative (the new book) was based on yours and not a coincidence - in other words the author would have to have had access to your story, and the balance of evidence would then need to show it was your story that contributed to the work, in a way not possible without it. This is the end-point of the whole Dan Brown legal fiasco - having a 'broadly similar idea' is not infringement if both parties got their inspiration from something in the public domain, like a historical event. Proving a plot is a derivative work can be difficult unless there are statistically improbable similarities (character names, etc.).

In your case it's the 'proving it existed on or before XXX' that'll decide everything - LOC registration does that, but the courts tend to accept very few other types of proof (very specifically sealed registered mail is one, a copy lodged with a public official is another, but existence online is rarely accepted as legal proof of provenance when money is concerned, as electronic records can be altered. Not easily, but they can - whereas the LOC registration gets you a physical wallet in their basement with a handwritten dated signature on it).

This link:-

http://bandfoundry.draftlight.net/re...onventions.php

talks about music and video but applies equally to written works, lyrics and books.


mG

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Excellent points.

Reg is I believe $45 now.

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Originally Posted by keiko

i just want to know why she changed Ian's name ot Tomas.

It stings and all but at least now i can find out how the story ends.

I still have the prequel stuff and etc and there are enough differences that there is a possiblility that i can still finish my serise of events and just re tool it to where it has less to do with this version. it's not that big of a deal but there's nothing quite like readig your own words un expectedly.

but i still want to track her down for a very interesting cup of coffee.

K

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do you know how she may have acquired your manuscript? Did you have it in an online journal or something?

OEC

someone tought me a while back that if you right down your idea and mail it to yourself,you can save it for future possible legal grounds to tale action for whatnot...since you can prove it was your idea before..


i'm not sure if it works,but i started doing it on the more important things i've created..

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Originally Posted by killerkat

someone tought me a while back that if you right down your idea and mail it to yourself,you can save it for future possible legal grounds to tale action for whatnot...since you can prove it was your idea before..


i'm not sure if it works,but i started doing it on the more important things i've created..

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As long as you have 2 copies, one to keep and one to send in the mail. The one you send in the mail must remain sealed, since the envelope will be date-stamped and post-marked. Once you open it, you can't prove the contents were originally in there without witnesses. So if you use this as your "copyright" proof, be sure when you open the envelope, you have an impartial witness.

Do you feel you know who this person is who plagiarized your work? Also, was your book in a manuscript form? I have been writing a children's book for about 18 months now and I am down to painting the illustrations.... it's arduous because you strive for perfection. You only get one chance to impress a publishing company so it has to be perfect. I share very few details with anyone. I can't imagine what it must feel like to have your work stolen.

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Originally Posted by keiko

So i pick up a new book at the books a million this afternoon after work cause the first few pages seemed cool and i wanted to see what happened. I get about a hundred pages into it and it clicks. I wrote this book. or at least the original un edited version. the names and locatiosn are changed and there are a few more guns involved but it's my book. right down to the ugly haunted necklace worn at all times by the main character who happens to be a clairvoyant. the main charachter, a red head, has her room in her apartment even decorated the same way and is wearing the same mini skirt and thigh high boots combo in the first few chapters.

unfortunatly i have no copywrites and alas no recourse.

odd note, the "author" of this book lives in orlando... i'm thinking of tracking her down and having a very interesting cup of coffee with her.

K

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dont feel too bad. everyone remember my comic book boogirl that im wokng on? well, i just rented ultraviolet and was shocked at how similar it was to my idea.

*drops back in with something he just remembered*

One important thing to be aware of - if the 'copy' is in stores, and yours isn't published, then unless you're EXTREMELY careful to prove your originality in advance, you stand a high risk of being sued for infringement by the publishers of the 'copy' if you ever try to publish (even online!) as they'll be under the impression their author is the legal creator. Serving paper as the plaintiff is one thing, but getting served as the defendant is a whole new ball game. I know it sucks, but in copyright law it's often the fastest-to-print that carries the most influence on a jury, even if you've got proof to wave about.

If (and this is where it'll get horrendous) the publishers of the 'copy' have LOC registered it, you'll have to go to court to register your copy as first you'll have to get their registration voided. Friends of mine have spent months in court trying to do that, and they had a studio paying for men in suits.

IP law is a nightmare if it bites your ass, but it's written to protect people against the freaks and chancers of the world - you're suffering as the law (based on what you're saying) has caught you in a spiral - but if you were the first to press, it'd be protecting you against everyone serving paper on your ass because "they thought of that...". It'd be nice if it worked both ways, but it can't.

mG

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Originally Posted by malcolm

dont feel too bad. everyone remember my comic book boogirl that im wokng on? well, i just rented ultraviolet and was shocked at how similar it was to my idea.

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dude, I would destroy that story and deny any invovlment in said idea. that movie sucked. that movie beyond sucked. it was utter trash. it's one of the few times that, even seeing it for free, I felt like I needed compensation for the hour and a half of my life that i'll never get back.

well using one of my many projects as a front i'm hoping to set up an "interview" this wednesday with her as she lives in oralndo.I'll take the wednesday after next.

I will over come this. I will rewrite what I have and write a better story. I will be the better writier in this unofficial write-off that has been issued by "her" book. and i wont get my characters crossed.... *shakes head* mixing up william and mercea and ian and re dividing them *sigh*...

K

i have always found the best defence against having your work stolen is to write stuff that is so vile and socially unacceptable that no-one would WANT to steal it.

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Originally Posted by sheramil

i have always found the best defence against having your work stolen is to write stuff that is so vile and socially unacceptable that no-one would WANT to steal it.

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well that i save for my short stories that were at one point posted to my LJ etc, but I took them down for well CYA moves. I've never posted anything from my Novels ex I sent A paragraph to another author once for his opinon on it. he hated it and rewrote it told me i'd never be any good etc etc. Mostly though I've kept my great works to myself. paranoid pride as all that :D

K