copyright fraud

[wadegasque]

I have a hypothetical question for a screenplay that I am writing. In the story, the main character has found an unpublished manuscript in the closet of her deceased, novelist mother. She, the main character, decides to pose as the author and try to get the manuscript published. She succeeds and later, out of guilt, etc, she confesses to the crime. Because she was on bad terms with her daughter, the mother had named someone else as heir to her estate and left everything to charity. When the daughter (the main character) turns herself in, she writes a check for all proceeds that she has received from the sale of the book and turns over the rights to the heir. What action could the heir of the estate take at this point? Would it just be up to them to decide what course of action they wanted to take ie: whether to accept the daughter's check or sue for additional damages?

 

[fried eggs]

It is very easy to sue someone, not necessarily to win mind you, but I am curious as to whether or not cashing the check could be considered as agreeing to 'drop things'. Something for a character to agonize over? LOL

 

[hexeliebe]

The first thing you need to do is to sit down with a probate attorney in the state where the action takes place. The problem with your scenario is that you say the mother appointed a different hier and then left everything to charity.

The hier gets everything UNLESS certain specific items are listed as going to the charity. Or, the mother appointed an executor who turns everything over to charity as per the will.

Another problem is that you say the daughter 'found' an unfinished manuscript in the mother's house. She would not have be able to gain access to the home if she was not an hier so therefore, her problem is how did she come into possession of the manuscript?

You might want to rethink your premis. Instead of her 'finding' the manuscript, why not have the mother leave it to her as her only gift from the will. Then, the struggle with her feelings about the mother, all the time lost between the two because of her writing, have the daughter finally come to grips with the manuscript after reading it, complete it as a final act of love for the mother she lost, and turn the proceeds over to the charity.

a real tear-jerker.