Legal Question in Intellectual Property in Georgia

What if a well know writer takes a story, that someone else has written, and makes a few changes to it, and then puts his name on the work and sells it as his work. What recourse does the writer of the orginal story have?


Asked on 2/13/11, 7:08 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Probably a very good lawsuit if he has a good IP lawyer.

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Answered on 2/13/11, 8:25 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends on the extent of the changes, but the facts of your post indicate copyright infringement. Whether it is worth pursuing is another matter. Speak with a local intellectual property attorney to discuss your options.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 2/14/11, 5:34 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorneys. The general test for copyright infringement is whether the two works are substantially similar. More specific tests, depending on the jurisdiction you are in, include the abstractions test, the subtractive test, the totality test, and the 9th Circuit's famous "total concept and feel" test. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/14/11, 7:57 am


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