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Intellectual Rights and Writing

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Lori B

Junior Member
What is the name of your state (only U.S. law)? I live in Iowa

Hi. I have a question about something I've written. I am an author working on getting several of my manuscripts traditionally published. I was approached 4-5 months ago by someone who had seen my writing. She asked if I'd be willing to write a series she had a concept for. She sent me a text, giving me a one paragraph, very generic description of her concept. There was no plot line, no character names or character profiles. It was more a one line concept followed by how she planned to market and promote it. I didn't love the concept because it's not the type of thing I normally write, so I asked her if I could play around with the concept and change some things. I came up with a three page (typed, single spaced) detailed concept with character names and profiles as well as a detailed summary of the progression of the series. She liked it more than her concept and told me to write it. I've written a little over 37,000 words of the series (that equals about 110 double spaced typed pages). Every word I've written is my own. Ever character I've created is my own. I have emails and texts that can prove that I've written everything. I've had beta readers who've read every word I've written as I've been writing it.

I have recently realized that this woman is not someone I want to be in business with and I would like to part ways with her and still legally hold on to my writing. There was never a signed contract between us, and there was never anything in our emails or texts about a formal or informal contract about who owned what. This writing has obviously never been published. I would change the name of the series, because I didn't come up with the name of the series - the other woman did. She also came up with chapter and episode names, so I would change those too.

The one thing I did that might trip me up was doing a mock-up of the first episode to show her what it would look like when we published it. I created a "proof" version of it on CreateSpace, which is much different than actually publishing it. It has no ISBN number and I have since, removed the proof version from CreateSpace. But this woman has a copy of the proof and I put both of our names beside the copyright symbol. I thought it was a professional courtesy since she came up with the series/episode names and the initial concept. Again, none of this was ever officially published and I've never purchased a copyright, so there's nothing on file legally. I've since, removed the proof version from CreateSpace. But I don't know what that means for me legally. Since all of the writing, plot, and characters are mine, can I just change the name of the series and episodes and re-purpose my writing?

Thank you.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? I live in Iowa

... She sent me a text, giving me a one paragraph, very generic description of her concept. There was no plot line, no character names or character profiles. It was more a one line concept followed by how she planned to market and promote it. I didn't love the concept because it's not the type of thing I normally write, so I asked her if I could play around with the concept and change some things. I came up with a three page (typed, single spaced) detailed concept with character names and profiles as well as a detailed summary of the progression of the series. She liked it more than her concept and told me to write it. I've written a little over 37,000 words of the series (that equals about 110 double spaced typed pages). Every word I've written is my own. Ever character I've created is my own. I have emails and texts that can prove that I've written everything. I've had beta readers who've read every word I've written as I've been writing it.

I have recently realized that this woman is not someone I want to be in business with and I would like to part ways with her and still legally hold on to my writing. There was never a signed contract between us, and there was never anything in our emails or texts about a formal or informal contract about who owned what. This writing has obviously never been published. I would change the name of the series, because I didn't come up with the name of the series - the other woman did. She also came up with chapter and episode names, so I would change those too.

The one thing I did that might trip me up was doing a mock-up of the first episode to show her what it would look like when we published it. I created a "proof" version of it on CreateSpace, which is much different than actually publishing it. It has no ISBN number and I have since, removed the proof version from CreateSpace. But this woman has a copy of the proof and I put both of our names beside the copyright symbol. I thought it was a professional courtesy since she came up with the series/episode names and the initial concept. Again, none of this was ever officially published and I've never purchased a copyright, so there's nothing on file legally. I've since, removed the proof version from CreateSpace. But I don't know what that means for me legally. Since all of the writing, plot, and characters are mine, can I just change the name of the series and episodes and re-purpose my writing?

Thank you.
Ideas (and names and titles) are not copyrightable but ideas that have been fleshed out a bit can be protected. Copyright protects the original and creative way the ideas are expressed.

What can matter when determining copyright ownership in your described situation is how "generic" the woman's description of her idea actually was before you took it and played around with it, how much input the woman had into the creation of the storyline and characters, if a contract was formed between you and the woman through the text-exchanges, and if any payment was discussed (or if any money was exchanged) between you and this woman when she approached you about writing the story.

It does not help that you have already credited the woman publicly as co-author (whether you did so as a courtesy or not) because this public recognition indicates you saw your relationship with the woman as a partnership and the woman's contributions in the creation of the resulting work as equal to yours.

Although it appears that you hold all exclusive rights in what you have written (based strictly on what you have posted), this does not mean that the woman will not try to assert rights as co-author in the completed manuscripts, should you decide to sever your relationship with her now and move ahead with a publication of the work on your own. Claims of infringement filed over stolen ideas (many filed by novice screenwriters against major movie studios) are not unusual.

You will probably need to have all of the texts exchanged between you and the woman personally reviewed by an attorney in your area to see if, together, they might form a legal and binding contract, and you will probably need to have what you wrote and what the woman wrote compared.

Good luck.
 

quincy

Senior Member
Thank you for your reply. It sounds like I need to consult with a lawyer.
Yes. I think a personal review by an attorney in your area will be necessary, unless you think you can come to an amicable agreement with the woman without assistance.

Good luck.
 

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