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Question: Could I be considered the only

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superintendent/mastermind of a book I...
Question: Could I be considered the only superintendent/mastermind of a book I self-published with someone else?(I want to challenge her status as "author" based on your comment from yesterday that "Being an "author" requires more than making a creative contribution, even a "valuable and copyrightable" one. Aalmuhammed v. Lee, 202 F.3d 1227, 1232 (9th Cir. 1999). An author must have 'superintended the whole work,' acting as a 'master mind' with 'creative control.' Id. at 1233 (quoting Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 61 (1884)).Facts:1) We both contributed (me 80%, she 20%)
2) It was intended to be published as a joint work.)
3) This is NON-FICTION how-to self-help book with 8 chapters with techniques
4) I was the only one who designed the original book idea, structure, scope, order of chapters, chapter titles and content.
5) The whole thesis is a communication method called NO FEAR that I alone created and describe in a chapter of the book. All the other chapters are around this method (what to do before and after using this method.)
5.5) With the exception of one chapter on emotional control that I wrote 100% of.
6) Her contribution was adding personal stories to illustrate my points and make the work less academic. For instance, I'd send her a list of fears people face, and she'd write a couple paragraphs about each of them.
7) The book quotes about 50 academic papers. I did 100% of the research, read those papers and quoted them as I saw fit. She did no research at all, nor modified my quotes.
8) I controlled the original files and sent them to third parties such as designers, formatters, and publishers.
9) Her work (stories and a few techiques added to mine) can be separated/removed, and my work can stand alone.(I'm thinking maybe in a way this book could be considered a "compilation" of communication techniques around my NO FEAR method.)
Submitted: 3 months ago.Category: Intellectual Property Law
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Answered in 12 hours by:
12/30/2017
IP Lawyer: socrateaser, Lawyer replied 3 months ago
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,766
Experience: Retired
Verified

Hello,

You previously mentioned that the other author added/changed a few words in your 80%. Rhetorical questions:

1. Did you ever exercise any power to reject some of those additions/changes?

2. Did the other author ever delete any of your work?

How about the inverse of the above?

If you can show that you were in control the final result of both sections of the work, then that could further demonstrate that you were the mastermind of the project.

In which case, you're rhe aurhor of the collective work, and you can break up the sections and publish your section seperately.

This is all merely a persuasive argument on my part. Ultimately, if there is a legal challenge, then a judge or jury will decide whose argument is better.

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IP Lawyer: socrateaser, Lawyer replied 3 months ago

Hope this helps. Thanks for using Justanswer!

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Category: Intellectual Property Law
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