An author automatically holds the copyright to her written work, regardless of whether or not she’s officially filed for one, right?
In an ideal world, I suppose there is truth to that. Unfortunately, we live in a world of cheats and scoundrels. Please learn something from my experience.
Last year, I won an award in the 89th annual Writer’s Digest story contest for my picture book manuscript, Wombat Wings, in which a kookaburra tricks a wombat into thinking he should be able to fly. All winning entries were published online by the magazine with the release of the November/December 2020 issue.
So far, so good.
During the summer, an ad showed up in my Facebook newsfeed for a brand new picture book publisher and its debut book in which a flying carrion eater tricks a large land animal into thinking he can be a bird. (I’m being a little cryptic here because I can’t afford to be sued.)
I had to look at it twice.
Have you ever been so enraged that you broke into sobs?
A good friend ordered the book (grossly overpriced, by the way) to avoid adding insult to injury by having me pay for it myself.
When it arrived, I read through the story and came to the realization that I was either looking at a really weird coincidence or I was the victim of intellectual property theft. While the wording is different, the basic idea and how one animal tricks another are about the same. The premise of my story is just offbeat enough that I seriously doubt it was just a fluke.
But how closely does one have to copy another person’s work in order for it to be considered copyright infringement? My brother hooked me up with an excellent lawyer in the field of intellectual property law. He explained the process to me and said he would email me an estimate of the costs I was looking at so I could decide whether or not to proceed.
Unfortunately, justice can be expensive. His estimate, while certainly reasonable, would make legal action beyond my reach if it went to the higher end of the estimate. I just don’t make much money. The line-by-line evaluation necessary to see if I have a case is simply more than I can afford.
On a positive note, he said that since I could clearly show that my story had been published by Writer’s Digest before the copycat version was published and because I had copies of the emails from a publisher who was considering the manuscript a few years ago, I am free to pursue publication of my own version without fear of a lawsuit from the copycat. A legal copyright has been filed by the attorney reflecting that truth, just to protect my broke behind.
I did a little research, so I know that the person who started the publishing company also “writes” the stories. This person’s net worth is reportedly close to 7 figures. Mine would be a great David and Goliath story, but this David just doesn’t have the five smooth stones she needs to clobber the giant.
We all know that traditional publishing is no longer the only game in town. Anyone can publish their work and even establish their own publishing house. This is great for writers, but it also presents an opportunity to those who don’t mind making money off an actual writer’s back.
I guess the moral here is to copyright every manuscript you write before it ever falls into any reader’s hands. Make sure the fact that the work is copyrighted is printed on the manuscript. And be aware that any unscrupulous wannabe can copy your work with just enough changes to get away with the theft unless you have the bank account necessary to have their ass handed to them in court. I would also advise you to think twice about submitting your work to any writing competitions that will publish the work for the world to see.
I have to be honest. This whole episode has derailed my writing for weeks now. I know there have always been dishonest people in the world, but to have something so personal appropriated by a complete stranger for their own gain has hit me pretty hard. Not being able to fight back has truly been salt to the wound.
I will, Lord willing, self publish my own original story once I can afford to hire an illustrator. That may be the closest thing I will ever get to justice. It will have to be enough.
Writer, beware.
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