Legal Question in Intellectual Property in Colorado
Copyright law
A person interviewed me for a story, which they later had published. I had previously hand written the story, but never had it published. Their published work was not very good, I want to publish the story my way and do a better job. Since I first put the story in paper, I should still have the copyright and my work should not be considered as a derivative of their work, correct? Do I have to contest their copyright to protect mine? Do I go ahead and publish my work and let them sue me (they are selling their version in a book)?
1 Answer from Attorneys
Re: Copyright law
Good question. Your answer depends on many undisclosed factors, including but not limited to when you originally wrote the story, whether you can prove that date in court, and whether you ever registered your copyright.
You need to talk with an attorney who practices copyright law in the geographical area where the person who interviewed you and later published lives (since that is where suit will need to be brought). If your person is in New York, please feel free to call my office to schedule a free half-hour consultation (which can be done by phone).
Good luck.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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