I believe my work was stolen

Status
Not open for further replies.

suemac

Registered
Joined
May 27, 2009
Messages
3
Reaction score
0
What do I do if I believe my work was stolen? I wrote a Young Adult Fantasy that is different from the ones out there. Last night I finished reading one that is on the best sellers list and it is so like mine that my book is ruined. My book was posted on an author's site for a short time a year and a half ago and now this one comes out. I need to know what I do first to find out if this is just some kind of cosmic event or if my work was really stolen.
 

willietheshakes

Gentleman. Scholar. Bastard.
Super Member
Registered
Joined
Feb 18, 2005
Messages
3,661
Reaction score
726
Location
Semi-sunny Victoria BC
Well, if it's just a matter of overall story idea, themes, etc, there's not much you can do -- you can't copyright an idea.

If there are passages that have been lifted, or that sort of thing... well, maybe there's something there.
 

Cyia

Rewriting My Destiny
Super Member
Registered
Joined
Nov 15, 2008
Messages
18,617
Reaction score
4,031
Location
Brillig in the slithy toves...
"Different from the ones out there" isn't the same as "different from the ones in the works". People independently get overlapping "original" ideas all the time (and none of them are original) because people have similar inspirations/experiences. If you could see my "there's no longer a reason to write it" folder, I've got a few sketched out ideas that sound too much like existing current books/TV shows to bother with for a while. It happens.

You said your book was posted about a year and a half ago - that means the author in question would have had to read your posted book, adapt it to their own story, query for it, get an agent interested, the agent would have had to get an editor interested, then it would have to go through the 1-2 years worth of stages for publication...

I know you probably don't want to hear this, but unless you've got verbatim passages that were lifted, assuming theft is a huge and unlikely leap. It's not usually worth it to steal from an unknown author - especially when the source material would have been posted on-line in a public forum where there was most likely a date/time stamp that established when you wrote yours.

What was the book you read last night?
 

Thump

defying grabbity
Super Member
Registered
Joined
Nov 19, 2006
Messages
1,380
Reaction score
288
Location
Spending one short day in the Emerald City
Well, if you wrote your story a year and a half ago, it's very unlikely the author stole from you. It's almost a certainty that he wrote his book before you because it takes a long time to write a novel (at least a year in most cases), then there's even more time to find an agent, find a publisher and then the publishing process takes about two years from signing the contract to actual publication. Books can be rushed and pushed through publication much faster but this only really happens for books on very current affairs (think books on terrorism after 9-11 or books about Obama...).

It's most likely that you just thought of the same story. I'd say be glad that you thought up something and, while someone else ended up writing something very similar, it sold well. It means you have the potential to write something else (or go on with the current manuscript, there are no two identical stories) that will do well.

Of course, if the published manuscript has pieces clearly lifted from your manuscript, it's a whole other matter. It's a question of whether it's a very similar plot or if it's the exact text you use (or ridiculously close).
 

victoriastrauss

Writer Beware Goddess
Kind Benefactor
Absolute Sage
Super Member
Registered
Joined
Feb 11, 2005
Messages
6,704
Reaction score
1,314
Location
Far from the madding crowd
Website
www.victoriastrauss.com
Since this question doesn't involve agents or agencies, I'm moving it here from Ask the Agent.

Suemac, theft in the book world is pretty rare, and when it happens, usually involves work that has already been published. Also, in your situation, the timing argues against theft. You posted your novel a year and a half ago, but it can take a long time for an author to sell a book, and then a year to two years for the book to get to market. The odds are that the book you just read was already complete and being submitted when you posted your novel--or possibly already contracted for publication.

People can independently come up with amazingly similar ideas, but it's the execution that makes the difference. Even if your ideas or themes are similar to those in another novel, you can distinguish your book the way you dramatize them.

- Victoria
 

ChristineR

What happened?
Super Member
Registered
Joined
Mar 23, 2009
Messages
1,307
Reaction score
124
Location
Ann Arbor, Michigan. Downtown. Near the Universi
You probably need to consult a lawyer, but the rule is that ideas are not copyrighted, that implementations of ideas are copyrighted. So the author would have to steal major plot points, particular characters, etc. I would recommend making a parallel list of things in the published book that you think were stolen from your book. If it's a very long list, then you might consider showing it to a lawyer. If it's just a one-sentence summary that could apply to either book, then no, it's not illegal, even if the author did see your work.

As others have pointed out, it's unlikely that a book could be written and go to market in 18 months. I think it's possible though--if the author was already signed with the publisher, he could have written the book in a month, then sent it to his editor, who could have moved it to the top of the pile, read it, accepted it, and put it into production in the second month. This is the way J.K. Rowling and Stephanie Meyers do it, but it's the exception, not the rule.
 

icerose

Lost in School Work
Super Member
Registered
Joined
Jun 23, 2005
Messages
11,549
Reaction score
1,646
Location
Middle of Nowhere, Utah
Several years back I was writing about a young girl who just got accepted to wizard school and who was an orphan because a dark wizard who had previously been destroyed but not completely was making a comeback and had killed her parents. (stop me if you've heard it before). Once she gets to the campus she makes friends with the outcasts and has enemies among the rich wizard kids. They're divided up into four dormatories and there's a magical book even. She goes through her day to day classes while investigating strange happenings with the help of her friends.

Oh and she's really good on a broom.

Imagine my heartbreak when I typed The End and Harry Potter hit the big time. Yeah, it sucks and it happens.

If y ou want to know whether or not your story was stolen, look for similarities beyond plot and charactarizations. Look for passages, dialog, are the scenes in the same order? Those kinds of things. If they aren't, it's more likely the misfortune of not beating the other author to the punch.
 

Nivarion

Brony level >9000
Super Member
Registered
Joined
Sep 6, 2008
Messages
1,679
Reaction score
151
Location
texas
Some books take the publishing world by firestorm, but its a rarity. I don't see an 18 month work through on an avarge book.

What was the name of the book, the author how long has it been out?

I mean, An Ice cubes chance in hell may be small but it will still be a cold spot there for a bit, and err, strait ot the point, if there is a chance look into it.

Make a list like Christene suggests. If its long find you a really nasty lawyer, and get ready to fight for it. If it does go to the court room make sure you have copies of your website and stuff.
 

MacAllister

'Twas but a dream of thee
Staff member
Boss Mare
Administrator
Super Moderator
Moderator
Kind Benefactor
VPX
Super Member
Registered
Joined
Feb 11, 2005
Messages
22,010
Reaction score
10,705
Location
Out on a limb
Website
macallisterstone.com
Unless you find entire paragraphs/pages that are word-for-word from your work, then it's about 99.9999% more likely that it's a cosmic event. And has been pointed out above, the timing suggests VERY strongly that it was developed independently.
 

Soccer Mom

Crypto-fascist
Kind Benefactor
Super Member
Registered
Joined
Jul 5, 2006
Messages
18,604
Reaction score
8,039
Location
Under your couch
Yup. I just finished writing a mystery in March. Then I picked up a book I had been anxiously awaiting and read THE EXACT FREAKING END of my story. :( No, this author hadn't copied me. We just both had the same damn idea. sigh. Now I'm rewriting my end completely.
 

Cyia

Rewriting My Destiny
Super Member
Registered
Joined
Nov 15, 2008
Messages
18,617
Reaction score
4,031
Location
Brillig in the slithy toves...
As others have pointed out, it's unlikely that a book could be written and go to market in 18 months. I think it's possible though--if the author was already signed with the publisher, he could have written the book in a month, then sent it to his editor, who could have moved it to the top of the pile, read it, accepted it, and put it into production in the second month. This is the way J.K. Rowling and Stephanie Meyers do it, but it's the exception, not the rule.


There's a HUGE difference in supplying the next book in an on-going series (that's already under contract) and shopping an independent title. I'm not sure about JKR, but SM had a 3-book deal, which meant she didn't have to "pitch" each subsequent novel to get an editor interested in it. The publisher already owned them and were expecting them. That changes the timetable.
 

virtue_summer

Always learning
Super Member
Registered
Joined
Oct 22, 2005
Messages
1,325
Reaction score
184
Age
40
Location
California
I agree with everyone else. I really don't think it's likely your work was stolen. Not only did you say you posted your work for only a short time, meaning there was a short window of opportunity to find it, the author would have had to write and submit and have had the book published rapidly which is unlikely. That's assuming the author visited the site where your story was posted in the first place. It's much more likely that you and the author simply had similar ideas. It happens.
 

ChristineR

What happened?
Super Member
Registered
Joined
Mar 23, 2009
Messages
1,307
Reaction score
124
Location
Ann Arbor, Michigan. Downtown. Near the Universi
There's a HUGE difference in supplying the next book in an on-going series (that's already under contract) and shopping an independent title. I'm not sure about JKR, but SM had a 3-book deal, which meant she didn't have to "pitch" each subsequent novel to get an editor interested in it. The publisher already owned them and were expecting them. That changes the timetable.

Yes, but the OP didn't say that it wasn't a series under multi-book contract. It seems like most of the YA bestsellers are series.
 

Zachariah

Still assailable
Super Member
Registered
Joined
May 17, 2009
Messages
478
Reaction score
145
Well come on Suemac, don't keep us in suspense, what was the book already?

You can't still be secretive about it...
 

suemac

Registered
Joined
May 27, 2009
Messages
3
Reaction score
0
Thank you for the comments. I think my list will be pretty long. It was difficult to read the book. My book was up on authonomy for a couple of months. I regret it. I guess the only thing to do is go through the book and make a list, but I'm not feeling like I'll get anywhere. Sounds expensive. Still - I think I'll check into it.

It's probably not a good idea to accuse an established author on this site.
 

Williebee

Capeless, wingless, & yet I fly.
Super Member
Registered
Joined
May 11, 2007
Messages
20,569
Reaction score
4,814
Location
youtu.be/QRruBVFXjnY
Website
www.ifoundaknife.com
It's probably not a good idea to accuse an established author on this site.

Or anywhere else, for that matter, unless you've got, as mentioned, "chapter and verse" of lifted text.

Look around a bit, though, and you'll find that some folks here at AW are more than willing to call a thief a thief.
 

Polenth

Mushroom
Super Member
Registered
Joined
Dec 27, 2007
Messages
5,017
Reaction score
735
Location
England
Website
www.polenthblake.com
It's probably not a good idea to accuse an established author on this site.

I'd suggest you tell someone who knows the genre (and doesn't know you). Choose someone and PM them if you don't want to do it publicly. It can be hard to objectively rate the originality of your own ideas.
 

Kitty Pryde

i luv you giant bear statue
Kind Benefactor
Super Member
Registered
Joined
May 7, 2008
Messages
9,090
Reaction score
2,165
Location
Lost Angeles
A lot of the earlier posters mentioned that the only way to know if plagiarism took place would be if there were identical/very similar passages. You can check out some other cases that are considered literary plagiarism. That might help you determine if that's what's actually occurred or not:

Cassie Edwards got dropped by her publisher for plagiarizing various nonfiction sources.

Kaavya Viswanathan was discovered to have lifted passages from a bunch of other published novels. She got dropped by her publisher...and now she's in law school...The link has a lot of helpful comparisons between her work and the plagiarized stuff.

This book published in Canada turned out to actually be someone else's Highlander fanfic. The original author got a bit of money for his pains.

And Alex Haley settled with another author for taking some of the stuff in 'Roots'.
 

TabithaTodd

Super Member
Registered
Joined
Apr 30, 2009
Messages
386
Reaction score
73
Location
Elliot Lake ON
Website
wwwtabithatodd.wordpress.com
I hate to point out these things, just being devil's advocate here:

1. Suemac has all of two posts, one thread
2. Refuses to give the name of the book

In my years of forum use and as an admin\member of other boards, not to mention a free speech board where anything goes. I find it slightly odd those two points I made. Honestly, if it is out right and blatant theft, out the book title and author. No one here (from my short time here) seems very favorable of theft and a wrong doing like that is not tolerated here in the least.

If it's fishing for drama, I'm not saying it is though, I doubt one would get very far trolling AW like that either. It seems both theft and trollery are not tolerated (I mean genuine trollery, not the light hearted banter trollery I've seen in other threads from regs).

TT
 

brainstorm77

practical experience, FTW
Super Member
Registered
Joined
Jul 16, 2006
Messages
14,627
Reaction score
2,057
Thank you for the comments. I think my list will be pretty long. It was difficult to read the book. My book was up on authonomy for a couple of months. I regret it. I guess the only thing to do is go through the book and make a list, but I'm not feeling like I'll get anywhere. Sounds expensive. Still - I think I'll check into it.

It's probably not a good idea to accuse an established author on this site.

Smart move.
 

icerose

Lost in School Work
Super Member
Registered
Joined
Jun 23, 2005
Messages
11,549
Reaction score
1,646
Location
Middle of Nowhere, Utah
I hate to point out these things, just being devil's advocate here:

1. Suemac has all of two posts, one thread
2. Refuses to give the name of the book

In my years of forum use and as an admin\member of other boards, not to mention a free speech board where anything goes. I find it slightly odd those two points I made. Honestly, if it is out right and blatant theft, out the book title and author. No one here (from my short time here) seems very favorable of theft and a wrong doing like that is not tolerated here in the least.

If it's fishing for drama, I'm not saying it is though, I doubt one would get very far trolling AW like that either. It seems both theft and trollery are not tolerated (I mean genuine trollery, not the light hearted banter trollery I've seen in other threads from regs).

TT

I'm actually in favor of the other direction. She should gather her proof and not go accusing willy nilly. I think she's done it the right way, by saying "Crap, I think this has happened, what do I do."

Gets good advice, follows it, gets her proof then, "Yeah, it really sucks, they stole my book, and here's my proof." or "Wow, I really thought they'd stolen my book, but there aren't any specifics and it's not as close as I originally believed."
 

Birol

Around and About
Super Member
Registered
Joined
Feb 11, 2005
Messages
14,759
Reaction score
2,998
Location
That's a good question right now.
I'm not seeing the fishing for drama thing. Sure, Suemac only has two posts, but so what? Lots of new authors turn up on AW seeking advice on various matters. This isn't the first time someone thought an instance of parallel development was theft.

Opinions and advice are two things AW has in abundance. The former will be given to you whether you want it or not and the latter is free for the taking.

I am having fun with all the different potential meanings of Suemac's userid, but that's just me. It's a bit of a slow day in my real life.
 

seun

Horror Man
Super Member
Registered
Joined
Jul 3, 2006
Messages
9,709
Reaction score
2,053
Age
46
Location
uk
Website
www.lukewalkerwriter.com
A long time ago, I wrote a book about a character called 'God' who created the earth in a week (that was just the prologue), then got pissed off and flooded it. After that, God grew a beard, had a holiday in the Middle East and told everyone to be nice.

Then I found out someone nabbed my idea :rant:

Point is, there aren't any new ideas. Just new ways of using those ideas.
 
Status
Not open for further replies.