Legal Question in Intellectual Property in California

Re: Is it ''fair use'' to fictionalize someone's nonfiction research?

I need more information before I can advise you. However, I can give you some basic copyright principles.

First, neither facts nor ideas are copyrightable. Only the EXPRESSION of those facts or ideas are. Therefore, if you are just copying the facts which the nonfiction author's research turned up, you are probably o.k.

Second, whether or not copyrightable material is in the public domain depends on whether the copyright has expired. You may also have fair use of the work based upon such factors as how much of the work you copy.

Please feel free to contact me should you need further assistance. I am an intellectual property attorney and law school professor. You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html

Re: Is it ''fair use'' to fictionalize someone's nonfiction research?

I have to see the nature of the work before I can advise on this issue. Since you are talking about a contemporary author chances are that the work didn't fall into public domain. You need to check when it was copyrightd...whether copyright was renewed or not.

Re: Is it ''fair use'' to fictionalize someone's nonfiction research?

It would be impossible to give you a definitive answer based upon the sketchy and vague description you give, and you should discuss your plans in detail with a competent copyright attorney before proceeding. However, the following is general information that may be relevant.

First, "fair use" is a principle that, generally speaking, permits reviewers, researchers, and parodists to refer to someone else's work and comment on it. It does not create a right to use someone else's work as a basis for your own work.

Second, most published research is the researcher's "expression" of what he/she has discovered and is, therefore, fully copyrightable. Newspaper accounts are not "facts" but the expression of the reporter's interpretation of an event. Even photographs of news events are copyrightable because they express a particular point of view (literally).

If you want to use someone else's historical account of events or their research, it is usually best to get the original author's permission.

If you would like to consult with me on this project, my fees are reasonable. I can be reached in Los Angeles at 323-653-6580.