plagiarism

[gomideast]

A family member of mine has self-published a book (about 6-7 years ago) and it did very well in its genre (non-fiction, historical based).

This family member noticed a best-selling contemporary author's book had lifted an entire section from his book, word for word. This best selling author is published by a major book publisher and has one of his books being turned into a movie this winter.

My family member expressed concern about the plagiarism to the publisher and they responded that they would pretty much bury him in legal fees to make his case not even worth his while and that he shouldn't bother pursuing a copyright infringement against them.

Anyone got any ideas about what to do?

Thanks!

[biotales]

Get him an authors attnory.....
and go after them

[gomideast]

Get him an authors attnory.....
and go after them

That's what we planned on doing but the publisher said they'd make us pay much more in lawyer fees than we could ever get from a settlement award.

They said there was a cap on copyright (like 150 grand or so). They are basically laughing at us.

[biotales]

see an authors attnory.... they might take this on a contingence....
I have asked that Jaws see this thread... he would be better apt to help you... hince the change of titles

[Cathy C]

Yes, it would be a good idea to hire an attorney, but that attorney should practice what's known as "Intellectual Property" law. This type of law deals solely with copyright, trademark and patents.

But before that, your friend needs to ensure that he registered his copyright with the Library of Congress back when it was first self-pubbed. While an author has certain copyright protections automatically under existing copyright law, a plagiarism suit can ONLY be commenced if there is a valid registration from prior to the "taking". Next, send your friend over to this link, which is the FAQ section of the U.S. Copyright office: http://www.copyright.gov/help/faq/faq-fairuse.html#infringed

Next, if he's indeed registered, he needs to notify the publisher of the OTHER book by certified letter about the violation. It would probably be best to include a copy of the book, which includes the original copyright page, and mark the passage IN the book which your friend believes was lifted. Until this point, your friend probably doesn't need an attorney. This is all basic stuff that's pre-lawsuit. It's quite possible that the publisher for the other author will seek to settle before a suit is commenced if the violation is clear enough to the untrained eye.

Once your friend gets ANY response from the other party, regardless of the answer, THEN he should seek the advice of an attorney. Don't let him take phone calls from any parties. Everything should be in writing and via certified mail. This will help establish dates that a court can use.
But, I'm sure that Jaws will also weigh in on this, so stay tuned! Good luck to your friend. :)

[gomideast]

wow

thanks for all the replies and help

You know, this family member never "registered" it I think, and that's where the problem lies ? Even though it's clearly marked with him as the author and his press (he published it himself) as the publisher.

I'll have to double check but I'm pretty sure he never registered it at all. Since the book is associated with a company's history, and other family members, it was essentially meant to be bought by people affiliated with the company or family (and it was, then it became slightly popular).

The book which plagiarized this book is hugely popular. As in millions of sales and the author's other book has a high profile movie coming out in a few days.

My family member doesn't really want to pursue it, but I am really angered over it. You can't just let that go can you? I suppose you can, but it still makes me mad. It especially makes me mad because the passage is about another family member!

[Jaws]

The publisher was blowing smoke. If you were to win, you could get the publisher to pay your attorney's fees (presuming registration was timely).

Basically, if there is substantial copying—the industry standard is 300 words, although there isn't any legal standard—the publisher's defense would be frivolous. The author would be liable, too; and then there's the E&O insurance policy sitting behind all of it.

If, however, what you're dealing with is paraphrasing, however thin, then you (or, rather, the actual author) would definitely need counsel to look at things before saying another word to anyone anywhere.

[Jamesaritchie]

If the work was never registered, forget all about it. You'll get nothing in court worth bothering with.

It's unlikely you'd win anything, even if the work had been registered. Nonfiction and fiction follow very different rules. There's a saying that "Copying from fiction is plagiarism, and copying from nonfiction is research."
It really takes a huge amount of copying from nonfiction to make a case that will stand up in court. If the book is far more than the section copied, if the book stands as a new and different book, then in all likelihood, you have no case.

But if the book wasn't registered prior to the supposed infringement, it's all moot. All you can sue for with unregistered work is actual damages. This has nothing to do with how much the infringer made from your work, but only with how much you can prove you lost due to the infringement. In this case, I doubt you could prove you lost a dime, and it could easily be argued that you will actually make more money because of the infringement. And there are limits on how much you can claim, and most often court awards for such cases as yours wouldn't cover a fraction of attorney fees, let alone anything else.

I doubt much that you have a case, anyway. Isaac Asimov wrote half his nonfiction books by copying whole sections from other works of nonfiction. The question before the court is not whether some of your work was copied, this is allowed with nonfiction, but whether or not the "infringer" made a new, original work in the process. If they did, you probably have no case at all. This, coupled with the fact that the work wasn't registered prior to the alleged offense, means you're in a position to lose a lot of money, and to gain none.

[Jaws]

If the work was never registered, forget all about it. You'll get nothing in court worth bothering with. {snip}
Mr Ritchie's usual diatribe against lawyers is particularly inaccurate this time. Please do not follow legal advice from individuals who are not attorneys. In particular, his assumption that copyright law provides the only possible theory for dealing with "plagiarism" seriously understates the potential remedies potentially available, depending upon the particular facts of the matter.

I am not saying that: There is a good lawsuit hiding in the minimal facts presented here, or Taking a litigation posture is necessarily the best (or only) option, or That all attorneys would agree on the right way to handle the matter, or I've been consulted professionally in this matter (note that I did not say "dispute" or "lawsuit," as we don't know that yet)I am only saying that Mr Ritchie's diatribe is, on the minimal facts stated thus far, so probably wrong that it should be ignored.

[gomideast]

Thanks again, everyone, for your help.

What a ripoff!

I spoke with my family member and he said his lawyer told him they could "maybe" get 150,000 maximum, only after a hefty legal fight which could wind up costing several times more than that in legal fees paid to the other side if they were to win.

It all just seems so darn unfair.

I wonder what would happen if I released a Michael Jackson song under my own name with no citations?

I know what would happen if a student turned in a plagiarized paper: an F grade and potentially other major problems.

But this guy gets to do what he wants because he's protected by a big name publisher....

ah the writing life!