Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
1.) Yes, His work will be considered satire. His work is supposed to be written as a direct sequel to the Bible written by God. My work is also based off the original Bible, and through the viewpoint of God/Jesus.
3.) He is going to sell the book, and monetize it via self publishing.
4.) Unknown. I would guess it's likely a novel, however it wouldn't surprise me if he did a graphic novel, as his character is predominantly drawn, and may feature drawn depictions throughout the book. But that's purely speculative.
Thank you for your follow-up, Zachary.In this situation the other party has as much ability to utilize satire and write a book as you do, since the subject matter is not based on your work, but on the work of the initial document (the Bible). His right to 'fair use' is similar to yours but he cannot intentionally infringe upon your own copyrights, that is, your own name. While he can create similar work, the work cannot be substantially similar to yours so as to create confusion. he likewise cannot use your name. If he does, that does merit a cease and desist letter on your part. Because you are not yet sure as to what the work is going to be, it is tough to as yet claim infringement especially if he is solely using the Bible for inspiration and not your own work, but you can most definitely demand that he change his name or make the name no longer substantially similar to yours. You likely cannot block him from creating the work itself unless his work is based on your novel that you have already created.Good luck.
Just to clarify, it's not the issue that his work would be similar to mine. However, being that his work will be called "The BIble 2: A sequel to the Bible" which is using the exact same title as my work.
So, the fact that the book is going to have the exact same name, and similar subject matter of my book, is that grounds for a cease and desist. I just want to be 100% clear before I make any move. Again, to specify, I don't mind that he writes a satire about the Bible, I just want to avoid any confusion based on the title alone, as it would likely become a conflict.
Thank you for your follow-up, Zachary.You posted:
That is correct. He is basing his satire of the same subject matter as you are, so you are both equally protected under fair use. It would become infringement if he based his work on your work instead.
So, the fact that the book is going to have the exact same name, and similar subject matter of my book, is that grounds for a cease and desist.
No, it is not. There can be thousands of satires on the same subject. Writing a satire is not protected, but basing it on your work would be.
I just want to be 100% clear before I make any move. Again, to specify, I don't mind that he writes a satire about the Bible, I just want to avoid any confusion based on the title alone, as it would likely become a conflict.
And that is where I agree with you. If he wants to call it "Bible 2: The Next Generation", there is no conflict. But calling it exactly what you called it is potentially infringement.
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