Legal Question in Intellectual Property in New York
loaned book
my brother sent a book to an author to use for research and the author won't give the book back. It is worth between $250-$500 but worth more sentimentally? How can i get it back ?
1 Answer from Attorneys
Re: loaned book
The author is probably liable for the tort of conversion and/or detinue. Unfortunately, the remedy is either the fair market value or the return of the property. Legal action, while it may be justified, is far costlier than the book, no matter how sentimental. Your best bet to succeed would be to appeal to the author by phone calls, emails and personal visits (if in the same vicinity) and generally make yourself an annoyance. If you decide to go to court, you should seek attorney's fees and court costs which, if awarded, would probably be sufficient inducement for the author to return the book.