Re: Re: A little help...

>
> So you hire a writer, and give her some ideas for a story. Copyright
> subsists in the result, to which you have exclusive rights.
>
> How does that differ from the hypothetical you were taught?

First - I noticed you have a .uk email. All this applies to US Copyright Law. There could be differences in England.

If you give a writer ideas in the legal sense. Specifically: ideas that cannot be the subject of copyright under the idea/expression dichomy. You have no rights in these ideas. If you give these ideas to a writer, and he uses it for a book, the writer has all the rights in the result. You don't get anything for giving him the ideas. It may not sound fair, but that is the way it is.

UNLESS

1. The ideas aren't ideas in the legal sense and are actually expressive enough to be the subject of copyright. Then, the final result is a derivative of your original copyright. Essentially, both have a copyright for their contributions.
2. You and the writer intend for the result to be a joint work. Whether or not both individuals must make contributions that are each expressive enough to be the subject of copyright is an interesting question. I'm not entirely sure about the answer and Nimmer is not immediately clear. (I don't have time to do more research.) If the answer is yes, then under your hypo it wouldn't be a joint work unless the ideas you give to the writer are expressive enough to be the subject of copyright.
3. You get the writer to sign a contract or work for hire agreement that assigns all the rights to you.

Rob (3L - I am a student, not a lawyer. I cannot give legal advice. This is for informational purposes only. Etc.) Received on Mon Apr 11 2005 - 22:50:59 GMT