Question: Someone steals your book and legal issues...

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pepperlandgirl

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In my current WiP, the central conflict revolves around a young woman who discovers that her ex not only stole a book she wrote, but he plans on selling it and selling it BIG. I'm talkjng every writer's dream BIG. She, of course, wants to sue for this.

My main question revolves around where the case would be heard. I suspect it would be in arbitration, not in front of a judge. But if they couldn't settle the dispute, could/would it go in front of a judge in a civil trial?

Also, what sort of proof would she need to provide to show its hers? And how long could this whole process take if neither party is willing to drop the case and walk away?
 

katiemac

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Pepper, I'd imagine there are ways you can work out solid proof the book is in fact your protag's. What exactly would her ex have stolen? I would assume the manuscript would have been type-written on a laptop, and therefore her computer would bear the file along with its creation and "last accessed" date. If the ex stole the file from the computer, I don't know if there's a way to technically show which was the original and which was the copied file.

But if your protag came up to the court with hand-written character charts or notes or edited chunks of the manuscript, it would be more likely the court would bend in her favor. Other than that, I would assume your ex has actually read the manuscript, and then couldn't be proved stupid in front of the court for not knowing the characters.

I remember something like this happening in Throw Momma From the Train where Billy Crystal's ex did the same thing to him, but she managed to get it published first.
 

mommie4a

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Pepper - You might PM Jaws - he seems to be the guru here re: intellectual property law. Folks like Victoria Strauss, Andrew Zach (the agent) and others hopefully can chime in too, from their experience.

When it comes to arbitration, it depends on what the parties have agreed to. Some arbitration is binding and you can't go to court afterwards (you waive your right to do that). But not all arbitration is binding.

Good luck.
 

FloVoyager

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A couple of things pop into my head. (I've worked in a law office for years.) In what State does this occur? State laws may vary. When a file is copied onto a disk or USB flash drive or whatever, the copy bears the date and time stamp of when it was copied while the original keeps it's last saved date and time. There is no monetary damage until a sale is actually made by the theif, and money changes hands, so there couldn't be an award based on that. Witness are handy. Did anybody else know she wrote the book? Just some thoughts.
 

MarkEsq

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My thoughts

As an attorney who has some minimal experience in this area (emphsis on minimal) I think I'm right in saying that arbitration would not be the first (or any) step. Arbitration is usually a contractual provision that parties agree on before signing to avoid the courts. Of course, usually a large company (car dealer etc) will make you sign the abritration clause without you realizing it and so if you want to sue instead you have to arbitrate in South Dakota. But I digresss...

Anyway, you do indeed have to show damages (i.e. the other guy made money off your book) when you sue after the fact, but you can also haev your character go for an injunction - this is a very quick procedure that will prevent the bad guy from publishing in advance assuming your character can prove it is her work. I'd be happy to answer any other questions, if I've raised more than I have answered, so feel free to pm me. :)
 

ideagirl

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Yeah, they wouldn't get to arbitration unless either they had a contract with each other (which it sounds like they don't) or they first went to a judge and the judge ordered them into settlement talks. But why anyone would order settlement talks in what sounds like a clear-cut copyright violation case, I have no idea.

Keep in mind that copyright is a federal issue--that is to say, the ex is violating a federal law, not a state law--so it would have to be heard in federal court. It would start in a district court. She would presumably sue him in the federal district court in her state, or--if her state has more than one federal district--in her district (for example, Eastern District of New York, etc.). To make your life simple, you probably want to have him living in the same city or same part of the state, otherwise you get into jurisdiction issues that would be a total bore for your reader.

Here's some basic federal court info:
http://usgovinfo.about.com/blfedcourts.htm
And here are all the districts:
http://www.findlaw.com/10fedgov/judicial/district_courts.html
 

ideagirl

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MarkEsq said:
Jurisdictional issues a bore? Surely not! Ah well, there goes the plan for my next novel... ;)
HAHAHAHAHA! :ROFL:

Yeah, and can you imagine the SUSPENSE of the scene where the judge is about to rule on whether venue is appropriate! The reader would be holding her breath, eyes wide, waiting to see whether the case could be heard there or... god forbid... would have to be transferred to another federal district court!!!!!!!

:)
 
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MarkEsq

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And not just that

But you could throw in a twist, some thing even more bone-chilling: a challenge to subject-matter jurisdiction! Talk about a legal thriller....

(I think maybe I'm a dork...)
 

ideagirl

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MarkEsq said:
(I think maybe I'm a dork...)

The term you're looking for is "law geek." I feel your pain. :D
 
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