Warning From a Best-Selling Author

Is this book still in publication? I ask because that could make a difference to when you can make a claim, according to what I've just read. It seems (if I've understood it correctly) that the statute of limitation is 3 years, but that period doesn't start until after the breach of copyright has ceased. The example the writer gives is that if a poem he wrote was posted on a site without his permission, the Statute of Limitation rules wouldn't start until it was actually removed. So I would have thought from that that you can take action for three years after the book has ceased publication and - I don't know - but maybe even while it is still accessible to the public.

I don't know if I can actually post the name of the site, although I think it would be advantageous for most of us to be aware of it. So here goes:

www.plagiarismtoday.com/2006/03/30statuteoflimitationsincopyrightlaw.

I put statute of limitation in copyright law into search engine and found this. Hope it's useful.

Doesn't seem as if the whole address is coming up on reply - after/30 its statuteoflimitationsincopyrightlaw

 

double post - sorry!

 

Hello, evelon. (cool name!) Unfortunately, the series is very popular. You can find it in every bookstore, Target, library, etc. I was told I had four years from the time I stepped into the first lawyer's office to sue. That was back in 2008. If this is incorrect, please let me know. I agree with another writer. It makes no sense that there is a statute of limitation on any case. Who cares how long it takes to go to court?? Oh, well. We writers don't make the rules.

Thanks for posting that website. I want to check it out.

Happy writing!

word whisperer

 

I'd say it's worth getting updated legal advice. I googled and found something different to Evelon's find, but it suggested that you could potentially still sue based on the past 3 years of the novel being on sale.

Both pieces of advice could be wrong, but with so much at stake if previous advice has commented on how strong the case is I'd have thought it would be worth an initial consultation with an attorney at least. Frankly I'm shocked that nobody took your case on from the start.

Best of luck

 

But I still don't understand why you can't still publish your manuscript? You get any copyright violations thrown at you, you'll be the one who ends up winning.

 

I'll take your suggestion, pretty. It's definitely worth looking into. Since people are still able to buy the series, maybe it isn't too late for me to do something about it. I've seen many attorneys, but there must be one out there who would be willing to take a chance with my case. I agree with you -- it is surprising nobody took my case when there is so much evidence.

I wish you luck as well. Thanks so much for your friendly response.

word whisperer

 

Hello, Mckk. I just don't want to be regarded as pathetic and unoriginal. There isn't an agent alive who wouldn't immediately think of this other series if they read my manuscript. Personally, I stop reading a book as soon as it resembles a popular novel that was published first. And I swear never to pick up another book by that author. It disgusts me when a writer takes someone else's success and tries to make it their own. I don't want people to think of me that way. Especially when I wrote my novel first.

 

If you feel like you have a strong case, I would keep approaching attorneys. You may also want to consult a literary attorney and ask about the statute of limitations thing. I'm not 100% sure how it works or what can be done about it, but hopefully a literary attorney (or someone who has handled cases like this) can help clear the matter.

 

You say -You have four years to sue,after you first stepped into a layers office (and that was 2008).

If you don't tell anyone when you first stepped into a layers office - how will they Know?

 

I think that's good advice, thirdwind. I need to make sure it is too late to sue. If it isn't, I want to keep trying. Why should I let this other writer get away with it?? If I do, what is to stop her from doing it again?

Would you go ahead and submit your manuscript, knowing it will automatically be compared to this other series?? Please let me know what you think.

word whisperer

 

You have a good point, Trilby. But I want to stay honest ... especially since I'd be going up against such a dishonest person. There could be a way of discovering what year I first started seeking justice. Then nobody would believe a word I say. I don't think it's worth the risk. But thanks for the suggestion!

word whisperer

 

Dear Word Whisperer,

Thank you for the post! I have been very cautious too about who I allow to see my book and has only been one other person (my boyfriend). My goal is to finish this book before the end of the year and get this published. I may not be very knowledgeable about publishing writing but I do understand about intellectual property and copyright with art, photography and film. It is one thing for an artist to find a photograph on my website and create his own interpretation from scratch and it is another from him to steal it off my website, crop it out, manipulate it and send it off as his own. I have had that happen and it ended up on a band's album cover. It had been a year since I have found out and unfortunately the band claimed that it was him to took it when clearly my image was timestamped in metadata and I was able to get a lawyer to sue not for damages but for the profits of what the artist and musicians make when selling the album. I won my case because my property was stolen even when it was manipulated.

If you cannot sue the publisher or the writer for damages to intellectual property, even though the gap year had expired, you do have proof that you were the original writer. Can't you sue for the profits of the book? Even the book may have sold many copies you should beable to sue the writer for stole property and you make an offer of how much of her profits you want. I know it is a stretch but the same situation had happened to a writer who's book was plagiarized by a Harvard student who would copy the same story line but manipulate the words. I believe they settled out of court.

 

The person to speak to is a Lawyer - most of us on this forum can only say what we think.

Live2write as had a similar experience - so therefore, I would think about what she has said.

 

Thanks for this informative reply, live2write! If I could sue for the profits, that would be amazing! Each book has sold millions of copies. I'll have to look in to that. I have those dated letters from the publisher as proof that I wrote my book first. I have to believe I would be enjoying the success this other writer is having if my book had been published first. Thank you so much for giving me new hope. I'll let you know how it goes.

word whisperer

 

I agree, Trilby. I think I'll be calling some lawyers today!!

word whisperer

 

Go get 'em, whisperer. Good luck.

 

I am not an attorney, but I have never heard of any statutes of limitations being tied to when you first contact an attorney. I don't see how they could be tied to something like that. I have heard so many years based on the actual day the crime was committed or something like that. As others have mentioned it seems if they are still publishing the book then there would be some continuing action with it so it would seem that you would still have sometime to take action. If everything is how you say, then I would suggest you contact another attorney as the other one seems a little clueless. My own husband is an attorney, he doesn't do this type of thing, but he does any many friends who do and I highly doubt they would turn a strong case, even if they didn't think they would win, just because they could get into the news and therefore get more business.

 

OP--

I'm not sure what you meant when you said the lawyers "didn't want to take on the case because it would've been too expensive" and that "it wasn't my money." Too expensive for who? If they in fact felt that it was a strong case -- like you said -- they wouldn't be too worried about losing any money. It would be quite the opposite, no?

One other question (and maybe I missed this) but was the book published by the same company where the suspected dirty employee works? Or a different publishing company? And what does that employee do there? Do they process/read incoming manuscripts?

Interesting story if it's all true

 

if you had good lawyers, why haven't they done that?

 

Thanks, Drusy. You're awesome!

word whisperer

 

Word Whisperer, how many books are in the series that is published? And how many unrelated book has the author published? If you don't want to give specifics, you could just say more then 3 or more then 10 or whatever it is.

 

Hello, swhibs123. There are more than three, less than six. For unrelated books, there are less than three.

Thanks for responding!

word whisperer

 

Hello, mbear. I found out that the day of the discovery is what you go by. That would be May of 2008. I still haven't found out how many years after that day. I was told four.

I'm waiting for a call from a new attorney regarding what other action I can pursue. Since the books are still in print, this writer is still making money off the series. There has to be some legal action I can still look into.

Oh, could your husband do a little investigating for me? I would really appreciate any help he could give. If he knows of an attorney who would take my case on a contingency basis (and it isn't too late), I would be very interested in speaking with him.

Thanks for responding to my post.

word whisperer

 

Hello, PaulKemp24. The cost would come from both of us flying to New York, where the publisher is. We would both need a hotel room, food, and a taxi to get to the publisher's office. Then we would have to fly home. Also, the cost of the depositions. Then we would have to fly to the writer's state and pay the same costs that we did in New York. I agree this amounts to far less than we would earn if we won the case. I thought it was worth going for.
In an earlier response, I wrote how I contacted each lawyer. Each one requested a copy of my list of similarities. It was only after they read the list that they requested a copy of my manuscript. I have to believe them when they said I have a very strong case. If they didn't believe that, why did they request a copy of my manuscript? It would be a waste of their time to read it.
No, the book was published by a different company. That's why the private investigator didn't believe the first publisher was aware of the theft. They made no profit off the series.

word whisperer

 

I don't think anyone who my husband knows would be very helpful because he doesn't know anyone who would be licensed in New York, because if that is where the publisher is located that would probably be the best place to get the lawyer if that is who you plan to sue. Or you might need someone who is licensed where the theft took place or where the "author" whom you are referring to. As I believe I know who you are talking about I can say that I am pretty sure I do not know any lawyer in that state either. I think your best bet would be to contact an attorney in your state or in New York and figure out where the suit would need to be filed and then I would contact an attorney there. Also make sure that you get an attorney who has dealt with this stuff before, as usually any attorney if they have passed the state bar can take the case, you really need someone who knows what they are talking about. My husband tells that to everyone when friends try to get him to help them out with legal stuff, they always act like my husband is just trying not to help them out but really an attorney who doesn't do that specific type of law is about as useless as an average person off the street (almost) and actually can be worse because they will assume something and if they are not current with the laws then they can really mess everything up.