Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
Hello, I will be assisting you
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
so if I have an idea about a book that idea is not protected only the book that I write is protected.
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.
We also have brainstorming that is in writing.
however certain elements within works of fiction are protectable such as names and character traits
Would the parts that we've written be protected?
You are considered joint authors for the parts you wrote together and both of you have equal rights to that part
So she couldn't publish any part of that (names or concepts) without my consent and vice versa?
she could but she would have to share the proceeds with you
generally speaking, as joint authors both can do anything they want so long as the proceeds are shared
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.
you are correct...
half of the pro-rated portion of the 3 chapters
and how would that be computed?
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?
it would either be done by agreement and if you cannot agree then unfortunately you would go to court to figure it all out
more like the net proceeds not just the price of the book but your way of calculation is reasonable
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
that would help
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!
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
oh yeah - i was going to ask about that
i can do just the three chapters?
okay - i will most definitely do that then right away
terrific. Please rate my anser. Without your rating I do not get compensated for my work
absolutely - thank you again for your time. :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).