Legal Question in Entertainment Law in Massachusetts

Story/publishers

I am a writer. Well over a year ago, I submitted a story to a children's author/illustrator/publisher. In emails, he said he likes the story a great deal and asked if he could illustrate and publish it. I agreed. But since that time, he has not done so. I never hear from him and when I take the initiative to ask what is happening, he either ignores me completely or puts me off by not answering my questions but by writing other things that have nothing to do with the book. It started to seem as if he might intend to calim the story as his own, or steal the idea. The only reason this makes no sense to me is that he is a very well-known and reputable illustrator. At one point, he asked me to record the story on audio which I did, and sent it to him. I do not know what to do. I am getting nowhere with this. IS this man able to claim my story as his own? I do own the copyright? I hate like heck to make this a legal matter but I do not like the way he is behaving. This just keeps going on and on.

Sincere thanks


Asked on 2/21/09, 10:00 am

3 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

Re: Story/publishers

If you have not already done so, you need to copyright this intellectual property immediately! This should be SOP with writers without exception . All your contact should leave a clear paper trail ( for your lawyers to follow). This permtted use ( commercial publication) should be articulated in a standard (or customized) writers publication agreement ( a writers guild or association can help you here).

You should consult a knowlegeable attorney to assist you if you are seriously producing commercially lucrative works. It's essential!

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Answered on 2/21/09, 10:11 am
Lawrence Graves Coolidge & Graves PLLC

Re: Story/publishers

Just to clarify what was already posted by Atty Wood: copyright arises as a matter of law as of the moment that you write your work. However, you cannot bring a claim for infringement without first registering the work with the US Copyright Office. Moreover, the remedies for infringement are quite different depending on whether your registration antedates the infringement. You should consult with an intellectual property lawyer to ascertain your rights in your specific circumstances (be sure to provide all communications and other documents).

Best wishes,

LDWG

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Answered on 2/21/09, 10:45 am

Re: Story/publishers

You should start by filing a copyright of your story. If by chance he has copyrighted your story/book, then you need to challenge the ownership.

I assume you and the illustrator do not have any written agreement. If you do that presents other issues.

If you have further questions, please feel free to contact me.

In addition, I recommend a non-profit organization that publishes books although they are not sold in book stores they are used in educational programs.

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Answered on 2/21/09, 1:22 pm


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