Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

QUESTION: I'd like to know if (and how) I can challenge my…

Customer Question
QUESTION: I'd like to know...
QUESTION: I'd like to know if (and how) I can challenge my "co-authors" author-status and reduce it to that of a "contributor." I'd like to know precedents that could apply to my situation.CONTEXT:
(1) I wrote 80% original ideas in a book that I self-published with "Person B."
(2) My work can stand on its own, whereas hers are only additions to my structure, flow, and thesis (stories to illustrate the points I was making, which overall became about 20% of the word count).
(3) Now she's requesting 40% of the royalties and we're not coming to an agreement, plus other rights.
(4) She is threatening to sue me, even when the book is at a loss and this is a financially illogical idea.
(5) There is no written agreement, and we never formally copyrighted the book.
(6) Even when the joint work was published as a whole, the parts each of us wrote can clearly be separated. Also, I wrote full chapters without her ideas or stories.
(7) I'm considering this as a defense strategy, since I believe her work is more of a contributor than an author.
Submitted: 1 month ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 15 hours by:
12/29/2017
IP Lawyer: DamienBosco, Attorney replied 1 month ago
DamienBosco
DamienBosco, Attorney
Category: Intellectual Property Law
Satisfied Customers: 3,698
Experience: Helping you with Your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney.

Determining authorship verses contributor is a fact-based analysis. However, there could be some guidelines to determine the amount of contribution.

For example, you would determine each person's:

• Substantial contributions to the conception or design of the work; or the acquisition, analysis, or interpretation of data for the work; AND
• Drafting the work or revising it critically for important intellectual content; AND
• Final approval of the version to be published; AND
• Agreement to be accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.

Since you had no written agreement, any oral agreement could be considered also.

If you want to discuss this further, just let me know.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
1) You mentioned "substantial." What would be considered "substantial"? (2) What are the implications of the works being so that they can be separated? (that is, one share can stand alone, but the other can't)
IP Lawyer: DamienBosco, Attorney replied 1 month ago

Substantial is a factual issue based on reasonableness. This would mean that if this went to trial, for example, the jury would decide if there was a substantial contribution. The standard would be what a reasonable person would believe is substantial. Evidence could be drafts of documents, hours spent researching, emails showing multiple correspondences, etc.

Separately the work done could be evidence also. If one can stand alone (mostly) and the other cannot stand alone, that would be evidence also.

Have I answered all of your questions?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
No, you haven't answered my question, which says that I want to know HOW to challenge the other person's status as author, AND precedents (similar legal cases). You haven't given me either. I expect more from this site than what I can google myself (Your answer came from googling author vs contributor: http://www.bmj.com/about-bmj/resources-authors/article-submission/authorship-contributorship). You also told me in a trial it would all come to the jury, but that doesn't answer either. Thanks.
IP Lawyer: DamienBosco, Attorney replied 1 month ago
Okay. To find case law can take a few hours of research using a legal database. As you mention, Google would not work. Would you like that service?
Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
I understand. Since that was something stated in the original question, and it's assumed any lawyer who grabs a question will respond to it rather than offer additional services, I would rather have someone else catch my question as is. Thank you, though.
IP Lawyer: DamienBosco, Attorney replied 1 month ago
You are welcome. Your question was opened for a long time most
likely because of your request for case law so I thought I would help you out. Best regards.
Ask Your Own Intellectual Property Law Question
Customer reply replied 1 month ago
Thanks.
IP Lawyer: DamienBosco, Attorney replied 1 month ago

You are welcome.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,106
3,106 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I am in the process of creating an episodic web series. I am
Hello, I am in the process of creating an episodic web series. I am looking to include music from various artists, but don't want to run into copyright issues. I don't plan to monetize from this, but … read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I am creating a music collective of dozens of artists/bands
I am creating a music collective of dozens of artists/bands from across the world and have received permission from each songwriter to put a band together that will perform their music live. Each song… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,687 satisfied customers
I created a brand for a company. They refused to pay me. So
I created a brand for a company. They refused to pay me. So I told them they couldn't use the brand. … read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
398 satisfied customers
What is the best way to contact an intellectual property
Hello what is the best way to contact an intellectual property rights owner like Warner Brothers to license property to sell products like t shirts and posters.?I have the contact info of the departme… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I have another question about publishing. I have a german
Good morning, I have another question about publishing. I have a german songwriter who is excited to come on board my project and has granted me permission to feature his song on my website, and let m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the rules when it comes to a band covering another
What are the rules when it comes to a band covering another songwriter's song live. If a band wants to gig with a roster of other artist's music and make money off of the gigs, are performance royalti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a copyright lawyer. I wrote a book. "Los ojos de
I wrote a book. "Los ojos de Carmen." It's a novella for Spanish learners. Two other companies that sell my book created workbooks to go with my book. "Los ojos de Carmen Workbook." I think they should pay me royalties, right? I have the rights. "Los ojos de Carmen" is my original creation. … read more
Lori
Lori
Juris Doctor
634 satisfied customers
I want to obtain copyrights for a group of songs that I will
I want to obtain copyrights for a group of songs that I will be recording and preforming with my band. Do I need to obtain a separate copyright for each song, or can I accomplish the same thing by cop… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,873 satisfied customers
Royalties stolen by amazon and book sold internationally 220
royalties stolen by amazon and book sold internationally 220 countries Robert Collier never received the royalties … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Want to make explainer video about marketing with a history
want to make explainer video about marketing with a history of marketing. I want to use facts about how many people saw the Beatles on Ed Sullivan, how many viewers watch the Super Nowl (or National F… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've had an online stock software business for 14 years,
I've had an online stock software business for 14 years, what rights do I have if someone has used my software to write a newsletter since 2009 and now their business is doing very well, am I entitled… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I have a legal question regarding a website. I have posted a
Hello, I have a legal question regarding a website. I have posted a video of my singing and Elton John Song, legally on a website gigsalad.com.Here... https://www.gigsalad.com/evan_mrevan_sachs_san_cl… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We own a chain of six restaurants, and part of our service
We own a chain of six restaurants, and part of our service involves the hiring of professional musicians and DJs. We were recently contacted by ASCAP and informed that we were liable for royalty fees … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,687 satisfied customers
I along with six of my or my relatives hership to oil
I along with six of my or my relatives hership to oil royalties from my late grandmother who pass in 1983, my mother while living never did receive any funds. I have requested this company to provide … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Father wrote and recorded 2 songs in the early 70's. He
My Father wrote and recorded 2 songs in the early 70's. He made multiple demos ( in 45 record size), but then he passed away in a car accident. Now his music is being played internationally as a class… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I work for a company and have pitched an idea for a software
I work for a company and have pitched an idea for a software product to the company owner. I told the owner that instead of paying me for the time working on the product after hours, I would rather ge… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,687 satisfied customers
I wrote a book. Published it first with CreateSpace. They
I wrote a book. Published it first with CreateSpace. They did nothing. Then I marketed in through Amazon.com. You should see what this book is selling for worldwide. I want my royalties. I am not Em D… read more
Bill Attorney
Bill Attorney
law
1,746 satisfied customers
I am planning to start a business where I will use the
I am planning to start a business where I will use the design of 100 years old famous art on felt scarf and sale to the people.I have learned that we can use design of any art with out royalty if the … read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x