PublishAmerica author sues Stephen King for plagiarism

thothguard51

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I might have missed it, but is this guy representing himself?

I just don't see a competent lawyer taking this case...
 

circlexranch

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Yes, the plaintiff has an attorney. As to his skill, the proof will be in the pleadings.

So far we have four attorneys in the mix for King and S&S. The two local counsel are from an Atlanta mega-firm. One is a shining star only a few years out of law school, what a freaking career-making case. He should send the other attorney a thank-you card.

Federal court is like watching the paint dry on growing grass coming up through a crack in the concrete. I'll check in on the case at least once a week, but it will be a while before anything else happens.

For example, I'm still waiting on a decision on a dismissal I filed last April.
 

Jozzy

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Federal court is like watching the paint dry on growing grass coming up through a crack in the concrete. I'll check in on the case at least once a week, but it will be a while before anything else happens.

For example, I'm still waiting on a decision on a dismissal I filed last April.

Does this mean the federal courts are run by PA's shipping department?
 

circlexranch

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Badda-Boom!

There is some truth to that, howevah:

1. Federal courts don't charge you extra for the privilege of waiting,
2. Federal courts turn out a coherent well-edited high-quality product, and
3. Federal court decisions last forever, I've never had corners curl or pages fall out.

Can't wait to get the bona-fides on the two out-of-town hired guns for King and S&S.
 

mercs

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The best bit was "both books start in October". Surely 8% of all books are linked in this way, but for horror writers, well that must be close to 99% surely! I'm pretty certain EVERY horror writer relies on Hallowe'en to get them an eerie setting!
 

DreamWeaver

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Yes, but the hundreds of millions of other people born in October can then sue you. Luckily, the vast majority are either dead or speak Chinese or Hindi, so you don't have to worry too much. Well, except for your guilty conscience :D.

Back OT: love getting the court updates--thanks!
 
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Little1

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me to. This shall be quiet the case.. perhaps it will get PA to have to open its books... one can only hope...
 

allenparker

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IANAL, and I am just asking this because I don't know. Since PA bought the NA rights to the book and the damage is to the published book, wouldn't PA be able to claim most of the award, should King lose?

And how much could they claim? 88%?

With King in one corner, PA in another, and the author in another, we have a real, old-fashioned Mexican Stand-off.

Someone cue the Eastwood music and give King a cigar and a poncho.
 

absitinvidia

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IANAL, and I am just asking this because I don't know. Since PA bought the NA rights to the book and the damage is to the published book, wouldn't PA be able to claim most of the award, should King lose?


I don't think so. The suit alleges copyright infringement, and presumably the author holds the copyright. The guy's not claiming that King reprinted his book, so the NA rights don't apply here, IMHO.
 

Unimportant

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I don't think PA is involved in this, are they? The rights have reverted to the author, and while the King book was published during the period in which PA held the rights to the other book, I can't imagine PA is mad enough to get involved in this suit.
 

MumblingSage

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IANAL, and I am just asking this because I don't know. Since PA bought the NA rights to the book and the damage is to the published book, wouldn't PA be able to claim most of the award, should King lose?

And how much could they claim? 88%?

With King in one corner, PA in another, and the author in another, we have a real, old-fashioned Mexican Stand-off.

Someone cue the Eastwood music and give King a cigar and a poncho.

In my mental image King already has Roland Deschain's revolver from The Dark Tower, so this stand-off should end...interestingly. (I should note that every Western writer in the world should have ground to sue King at some point. And any vampire fiction writer before 1975).

It would be just like PA to claim the award, assuming of course we live in some twisted alternate universe where this claim would acutally go through.
 

circlexranch

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Alrighty, the lawyers are set:

--------------------------------------------
Full docket text:
APPROVAL by Clerks Office re: [5] APPLICATION for Admission of Peter A. Herbert Pro Hac Vice (Application fee $ 150, receipt number 113E-3081350), [6] APPLICATION for Admission of Elizabeth McNamara Pro Hac Vice (Application fee $ 150, receipt number 113E-3081375). Attorney Elizabeth McNamara, Peter A. Herbert added appearing on behalf of Stephen King, Simon & Schuster Global Services, Inc. (cdg)
--------------------------------------------

Next up is King/S&S response to the petition. Since no return of service was filed, I don't know when the 20-day clock started ticking. I expect a request for continuance by the King/S&S team. Once the answer is filed, that will give a good idea on the defense strategy.
 

Chris P

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I don't think so. The suit alleges copyright infringement, and presumably the author holds the copyright. The guy's not claiming that King reprinted his book, so the NA rights don't apply here, IMHO.

I retain the copyright to my PA novel; PA only has the printing rights. Perhaps PA did this intentionally to avoid just this type of mess, although it would be more common for a PA author to plagiarize someone else, not the other way around.
 

JulieB

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I retain the copyright to my PA novel; PA only has the printing rights. Perhaps PA did this intentionally to avoid just this type of mess, although it would be more common for a PA author to plagiarize someone else, not the other way around.

Actually, it's pretty standard stuff. You keep the copyright and assign certain rights to a publisher. The exception would be if you're doing a work for hire job where you agree up front that the entity you're doing the work for holds the copyright. A common example is tie-in work.

As for intentionally avoiding the mess, if an author gets sued for plagiarism, chances are the publisher will be named in the suit as well.
 

DreamWeaver

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As for intentionally avoiding the mess, if an author gets sued for plagiarism, chances are the publisher will be named in the suit as well.
That would be King's publisher, not PA, since the PA author is the one doing the sueing.
 

circlexranch

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All correct and S&S is a defendant. Although, they conveniently and strategically put King's name first so win, lose or draw, plaintiff is forever, "the guy who sued Stephen King."

In my little bitty pub contract I had to indemnify the publisher against this sort of thing. I'm sure King did as well. However, it is definitely in S&S's best interest to protect their money player.
 

JulieB

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That would be King's publisher, not PA, since the PA author is the one doing the sueing.

Yes, I was trying to be general. I know King and S&S are the targets, but in general, if an author is sued for plagiarism, the publisher will get targeted as well.

And yes, my contracts have always had indemnification clauses. That doesn't meant the publisher won't get sued.
 

James D. Macdonald

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In my little bitty pub contract I had to indemnify the publisher against this sort of thing. I'm sure King did as well. However, it is definitely in S&S's best interest to protect their money player.

If your indemnity clause doesn't specify that it's against judgment finally sustained ... it isn't a very good indemnity clause.

That is, the author only pays if it's proved in a court of law, and upheld on appeal, that he or she did in fact plagiarize.