Legal Protection for Creative Assets

[Zapbasket]

I'm working on a book project with someone I've known since college. We came up with the idea together back in college. I'm doing the writing; she's doing the illustrations. I've been putting significant effort into completing the writing draft, and she has produced some sketches as well as ideas for some of the characters.

 

In the past, she has done some things of rather shady character--taken advantage of me in a really overt and bad way that cost me something important in college (I'm glossing over the details here, but trust me, it was pretty bad and a really overt show of bad character). Because after I caught her she was so remorseful, I forgave her back then, but I've never forgotten it. It saddens me to say it, but I have found that typically, when someone shows such bad character ONE time, there is always the likelihood that they will do it AGAIN if the opportunity is ripe.

 

For that reason, I want to protect myself and my work throughout all stages of this project. She knows I am going to submit the project to a publisher, with or without her illustrations (depending on the publishers' guidelines). I intend to be fair, but this project so far is what it is because of MY effort, and I feel I need to take steps now, unbeknownst to her, to protect myself before there's any real money or contract on the table.

 

This is my first experience in this kind of situation and so I'm not sure what steps are available to me to take. I can't afford something really expensive, like hiring a lawyer or an agent. And I don't want to puncture or in any way inhibit the open, friendly collaborative spirit that has characterized our venture thus far. By that I mean, I've been sending segments to her and invited her to send me drawings, and I've openly been sharing with her my plans for the rest of the book, character ideas, etc. I want to keep that openness while also protecting ownership of my work.

 

What she did in the past was a really sneaky thing behind my back that cost me both financially and personally. I'd like to think she's changed since then...but like I said, other circumstances with other people have shown me that if you're capable of it once, you're capable of it again. And then there's that other saying: "fool me once, shame on you; fool me twice, shame on me."

 

So, any thoughts?

 

Thanks.

[kizik]

Hi GreenCove,

 

good questions. I don't know the answer to them, but I do know this:

 

it doesn't make any sense to work with this person again. Clearly you don't trust her. As you say, once a cheater, always a cheater. The issue is not copyrighting right now, it's trust. Because you are obviously worried about her ethics, if I were you I would stop working with her on this project right now.

[Zapbasket]

Well, I might do that, Kizik...except there's a piece I didn't mention: she is my friend. I love her, and want to believe she'd never again do what she did, but one flaw she has is that as good-hearted as she is in some ways, she has a weak character. Back in college, it was her mother that put her up to doing the ratty thing she did. Back then, I forgave her--and I meant it--but I also said, "You're smart enough to know that what you did was wrong. I don't care who you put you up to it, if it was your mom or the Pope. We're old enough to discern between right and wrong ON OUR OWN. Doing as you did was YOUR CHOICE." She agreed, but she still lets herself be pushed around by people whose moral fiber I hold questionable. I just want to be prepared this time. I think what we have going--namely, what I have written--has a huge load of potential, and I want to be a smart businesswoman about it.

[2sure]

Becoming a business partner of any sort with friends, lovers, and relatives is a tricky thing.

I'm sure there must be copywrite, publishing and legal ways to protect yourself - especially since the author and illustrator are always listed seperately on books. But I have no legal advice and would think that some information could be found on line.

 

You have several options though - you can just put it out there and trust her, which you would like to be able to do.

 

You can leave out her illustrations, which you dont want to do.

 

You can speak to her honestly regarding your misgivings, which as a friend, you should do.

[Trialbyfire]

I've heard about this a lot but never done it or know for certain that it works but here you go. Register mail your partially done manuscripts to yourself. Don't open the envelope upon signed receipt.

 

http://www.books.bc.ca/copyright.php

[sb129]

Hi Greencove!!

I know musicians who want to protect their work without formal copyright fees just post themselves a copy of their work, but don't open it- the postmark is the date from which its recognised copyright.

 

You could probably do this with a manuscript- just send it to yourself in an A4 envelope and keep it. You could also send a copy to another trusted friend/ family member (or solicitor) who can hold onto it for you- again, they don't open it, and the postmark acts as a marking date.

[sb129]

Ah- what TBF said, I misread her post

[lovestory5]

Go away from that person as fast as you can. I had such person in my work too and I belived her once again. And she did the same.

[Zapbasket]

Thanks everyone for your replies! SB129 and TBF, I forgot about the sending-registered-mail method and I shall do that asap. Otherwise, from here on, any print or electronic dissemination will have the copyright symbol, 2009, and my name and as soon as I have a final draft, I'm going to register the copyright.

 

I think this is good practice for anything a person writes, no matter what the situation.

 

As for my friend, I love her so much, I feel like a real creep for doubting her. Since that incident back in college, she's been nothing but a dear friend to me. Honestly, in the past several years I have been so hurt and disappointed and blindsided by the actions of people I thought the world of, that I feel like I just can't take another heartwrenching disappointment from someone I truly care about. Before, I think I trusted *too* naively, and now perhaps I'm swinging a bit too far in the other direction.

 

I talked, though, about the situation with my mom, and she said, "Enlightened self-interest, GreenCove." Meaning: protect your work, no matter what your relationship is with the person you're working with.

 

So as relates to my friend, here's what I'm thinking I'm going to do, in addition to what I outlined above: Once the full draft is complete and has gone through a "streamlining" revision or two, and before my friend and illustrator finalizes any drawings, I'm going to diplomatically restate my intent to submit the work to publishing houses, and my desire to submit it with her drawings. If she wants to be in on that, then I'm going to ask her what she thinks would be a fair division of any royalties or revenue received for this project. I'm not in this to be rich; I simply loved the idea we'd toyed with back in our freshman year of college and wanted the pleasure of collaborating with her and bringing our playful idea to fruition. I don't think it should be 50/50...but I don't think she'd suggest that, anyway.

 

And the biggest lesson learned: from here on out, whenever I collaborate with someone, be it friend or colleague, I'm going to initiate a discussion of the business aspects of our collaboration from the get-go. Working with friends is too fraught with possible pitfalls otherwise.

 

If anyone has additional thoughts, please share! Thanks.

[Zapbasket]

Hi Greencove!!

I know musicians who want to protect their work without formal copyright fees just post themselves a copy of their work, but don't open it- the postmark is the date from which its recognised copyright.

 

You could probably do this with a manuscript- just send it to yourself in an A4 envelope and keep it. You could also send a copy to another trusted friend/ family member (or solicitor) who can hold onto it for you- again, they don't open it, and the postmark acts as a marking date.

 

 

Hey SB129, this is off-topic but I wanted to congratulate you on your pregnancy! Clearly I don't comb this forum thoroughly enough because I didn't know until you posted on this thread that you were pregnant! How did I miss your tagline, or your thread where you first posted the announcement?! Anyway, what a wonderful, magical thing!! :bunny: Congratulations

[sb129]

Thank you!

Here is the thread

http://www.loveshack.org/forums/t179374/

[sunshinegirl]

GC, I only stumbled on this thread today - a month after you started it.

 

If you are still looking for ideas or advice, drop me a line. I think I've told you this at some point before - I'm a coach and trainer in negotiation and difficult conversations. And one of the fictionalized role plays I use in my workshops is over division of credit and money for a screenplay.

 

So send me an email or PM me...

[sunshinegirl]

From the same site...

 

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

 

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”