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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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If there is no contract, but I started writing a book (intellectual

Resolved Question:

If there is no contract, but I started writing a book (intellectual property) with a friend and we had a falling out to where I want to no longer continue writing it, can the friend take the concept and still publish it even though it was our combined thoughts? Also, I have done all of the cover graphics, purchased the photos, etc. I don't want to back out of it if I know that she can continue.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Unless you have a written agreement not to compete with your friend your friend can take the concept and write his own book. Copyright law does not protects concepts and ideas only their expression

BizIPEsq. :

so if I have an idea about a book that idea is not protected only the book that I write is protected.

Customer:

What if the book has been started and we've both written part of the book. We currently have a prologue and two chapters that we wrote together.

Customer:

We also have brainstorming that is in writing.

BizIPEsq. :

however certain elements within works of fiction are protectable such as names and character traits

Customer:

Would the parts that we've written be protected?

BizIPEsq. :

You are considered joint authors for the parts you wrote together and both of you have equal rights to that part

Customer:

So she couldn't publish any part of that (names or concepts) without my consent and vice versa?

BizIPEsq. :

she could but she would have to share the proceeds with you

BizIPEsq. :

generally speaking, as joint authors both can do anything they want so long as the proceeds are shared

Customer:

Ugh - so let's say she finished the book on her own and published it. She'd owe me proceeds on 3 chapters? Sorry for all the questions.

BizIPEsq. :

you are correct...

BizIPEsq. :

half of the pro-rated portion of the 3 chapters

Customer:

and how would that be computed?

Customer:

so you'd divide the price of the book by the number of chapters or the number of words of the chapters divided by total word count?

BizIPEsq. :

it would either be done by agreement and if you cannot agree then unfortunately you would go to court to figure it all out

BizIPEsq. :

more like the net proceeds not just the price of the book but your way of calculation is reasonable

Customer:

okay - and i think i could establish that it was mine because i am the one who started the original manuscript and have documentation where i sent it to her

BizIPEsq. :

that would help

Customer:

okay good. ugh - i should have never started this knowing how catty girls can be. lol. thank you for your help. when will i learn to have a contract for every darn thing first!

BizIPEsq. :

you should also copyright those three chapter and include both of your names as co-authors that way you will beat her if she tried to copyright the three chapters and not give you credit

Customer:

oh yeah - i was going to ask about that

Customer:

i can do just the three chapters?

BizIPEsq. :

sure

Customer:

okay - i will most definitely do that then right away

BizIPEsq. :

terrific. Please rate my anser. Without your rating I do not get compensated for my work

Customer:

absolutely - thank you again for your time. :)

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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