Legal Question in Intellectual Property in California

What is the author's responsibility when using someone else's writings and ideas

If I submit an article for publication and some of it is word-for-word the same as someone else's previously written work, am I legally covered as long as footnotes are used (even though the footnotes are later proven to be incorrect)?


Asked on 8/24/01, 10:43 am

1 Answer from Attorneys

Re: What is the author's responsibility when using someone else's writings and i

No you are not covered by merely citing to the original author. It will depend upon how much of your book is taken from another source. The larger and more important the portions of your book are made from someone else, the more likely your book will be determined to be a "derivative" work that will entitle the original author to royalties and damages.

Thus, you have to be very careful about what you are taking, how much, the importance of what you are taking, etc. Unfortunately, there is no black and white rule such as that you can take two pargraphs from someone's work without infringing upon their work.

You can, however, get permission from the author/copyright holder to use the information in your book. I recommend getting such permission in writing!

J. Caleb Donner

805-494-6557

Read more
Answered on 9/04/01, 1:20 pm


Related Questions & Answers

More Intellectual Property questions and answers in California