Last week, we asked seasoned publishing attorney, Lloyd J. Jassin, what a writer should do to copyright their title–if it’s possible or even necessary.
This week, we asked a very common question that writers, especially aspiring writers, want to know. In this litigious society we live in, the media often features stories of mammoth-sized Hollywood studios that are rummaging through their slush piles concocting plans to steal hot ideas from struggling writers. The struggling writer is often portrayed as a victim who is suing the studio for millions and the news story fans fears of others who are afraid of submitting what they view could be the next “Harry Potter” or “Twilight” from being stolen.
Is this a valid concern for writers, and if so, what can a writer do to protect themselves?
Jassin was gracious enough to answer this question. If you recall from last week’s interview, he is a seasoned attorney who represents such clients as the E. Lynn Harris estate.
Q: I read online that this particular publisher is accepted unagented manuscripts. But I’m worried. They’re such a big company, what’s to stop them from stealing my idea?
If you are worried about copyright infringement, register your unpublished manuscript with the U.S. Copyright Office. However, the prevailing view is that copyright does not protect basic plots or unadorned ideas. To prove copyright infringement, a copyright owner must prove that the infringer copied protected material. When courts are asked to determine whether infringement has occurred, they must disregard non-copyrightable elements (such as ideas and facts) and compare the copyrightable elements in the works. Unfortunately, no simple rule exists for distinguishing non-copyrightable ideas from their copyrightable expression. If you feel your work has been infringed, contact a copyright attorney. In addition, certain valuable ideas can be protected contractually. However, don’t even think about asking a publisher to sign a non-disclosure or confidentiality agreement. Unless you are a major celebrity or political figure, no publisher will sign one.
Lloyd Jassin is a publishing and intellectual property attorney and a former book publishing executive. For more information about Lloyd Jassin visit www.copylaw.org or follow him on twitter at www.twitter.com/lloydjassin.
THE INFORMATION PROVIDED ABOVE IS OF A GENERAL NATURE AND IS NOT INTENDED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC LEGAL ISSUE OR QUESTION, SEEK THE SERVICES OF A COMPETENT ATTORNEY.