Legal Question in Intellectual Property in Michigan
Children's Book Illustration Question
As part of a program through my university, I was charged with creating illustrations for a story authored by another person. I contributed significant plot points to the story, but the 'author' contributed the basic idea as well as a rough draft (which I altered significantly).
The book was never published, but I hope to independently submit it to publishing companies in the near future. I wish to use most of the illustrations I created, but write an ENTIRELY new story without the 'author.' Would I have the right to claim sole ownership of this new story if it used two elements (bears as main characters, and one bear being forced to move away from home), but bore no resemblence to the original outside of these broad points?
Does the original 'author' own the rights to bears as characters or characters moving away from home?
Thanks for the advice.
1 Answer from Attorneys
Re: Children's Book Illustration Question
Copyright protects the expression of the idea, not the idea itself. However, an original storyline that is retold in different words can infringe enough of the expression of the original author. But the broad concepts (bears as main characters - there are countless stories fitting this description - and a bear moving away from home) would not be protected.
By the way, if the illustrations were made as part of your employment, you may not own the copyright in them. It may belong to your employer.
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