Legal Question in Intellectual Property in California
What is or is not a derivative work?
I wrote a nonfiction book with a partner. He and his lawyer are now claiming that the book is a ''derivative work'' of a blog post that my partner wrote before we started working together, and therefore he owns the rights and can ''license'' me to be the author of the book. But to me, the book is a collaboration, and the ideas contained in the 135,000 word manuscript are absolutely not ''derivative'' from a 3 page blog post that I did not use as a primary source (for one, the blog post has inaccurate information, and secondly, it's 3 pages long!). I didn't even read the blog post until after we decided to write the book, together as a collaboration.
I feel that he's trying to steal the rights to a book that should rightfully be half my intellectual property. He has agreed that the book copyright is half mine, but the new contract states that I acknowledge that my book is a derivative of his ''original work'' (the blog post), and every item after that in the new contract is based on the assumption that he has the authority to grant (or withhold) my rights to the book.
How do I know if this is a derivative work?
3 Answers from Attorneys
Re: What is or is not a derivative work?
You wouldn't sign a contract like that, would you? Surely you would never sign a contract someone gave you to sign without having it reviewed by your own lawyer? You realize that since he has a lawyer, and you don't, that he has an advantage?
Re: What is or is not a derivative work?
It sounds like your instincts are good and you should trust them. What is the purpose of this contract? If you truly wrote the book together, you definitely own half the copyright whether he says so or not. Copyright attaches at the moment of creation, and either one of you has the right to register the copyright (as long as you include both authors' information), and if one of my clients were in your situation that would probably be my suggestion.
And it does seem ridiculous to claim that a full-length book is a derivative work of a 3-page blog, but it is if you say it is. It does not necessarily follow, however, that you need to license anything from him. All it should mean is that you disclaim any ownership of the content of those 3 blog pages (ideas are not copyrightable, only the actual expression of those ideas). It seems silly, and rather suspicious, that a lawyer would put that in a contract. Is the point that he wrote 3 pages more than you did? (How did you divide up the work and how many pages did each of you write?) You definitely should consult your own lawyer before you sign anything.
Re: What is or is not a derivative work?
You need to stop conversing about this issue, and hire myself or another attorney to analyze the details of your case and take actions as necessary protect your interests.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
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