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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31392
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My wife has written a series of childrens books and is under

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My wife has written a series of children's books and is under contract with a publisher. Today we read about a new Disney film that is conceptually identical to her books. do we have a case?
Submitted: 5 years ago.
Category: Intellectual Property Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney here to assist you.

 

Does she have a copyright filed with the US Copyright Office for her works?

Customer: replied 5 years ago.
I was under the impression that would be handled by the publisher, but I will review her contract tomorrow. We also have records of every literary agent and publisher to whom she submitted her manuscript. At this stage we can't identify who (if anyone) might have stolen the story.
Expert:  Roger replied 5 years ago.

Ok. If there isn't a recorded copyright, you may have a problem in claiming a right to stop the other company from publishing. If you can prove that her idea was stolen, she would have rights to stop/enjoin the other company from using her idea.

 

However, if the ideas are not identical, or if there are variations in the ideas, it could be that neither infringe on the other.

 

The first thing to do is find out whether or not there is a copyright in place.

Customer: replied 5 years ago.
The publishing contract includes copyright registration and an ISBN number. However, the book is still in the editing stage.
Expert:  Roger replied 5 years ago.
Ok. If the copyright has been registered, you would have the right to issue a cease and desist letter to the company and to ultimately sue for copyright infringement if you can't resolve this.
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