“Hey, That’s My Idea!”: When Works of Fiction are so Similar You Want to Sue

This morning an interesting story showed up on my Facebook feed: Joss Whedon, creator of Buffy the Vampire Slayer and director of the Avengers movies, was hit by a lawsuit over alleged copyright infringement. In the lawsuit, an author by the name of Peter Gallagher (not the actor) alleges that Joss Whedon and the film company Lionsgate, among others, stole the idea for the 2012 movie Cabin in the Woods from his own self-published novel The Little White Trip: A Night in the Pines, which he first put out in 2006. Apparently both the book and the movie have similar premises (spoiler alert!): a bunch of teens go hang out for the weekend in an old cabin, they’re attacked by monsters, and they find out they’re subjects in a horror-film scenario run by a strange organization or group. Gallagher also says that several of the characters in both works have similar names and personalities. No word yet on what the defendants in the case say or whether the lawsuit will actually go through or be thrown out of court (for the full story, click here).

Strangely enough, something similar happened to me last year. I was on Facebook and I saw on my news feed that a movie company that produces really interesting horror movies was getting ready to release a new film and had just uploaded its first trailer online. When I read the synopsis of the movie and saw the trailer, I was instantly reminded of a short story I wrote back in June 2013, one with an eerily similar premise and which I plan to expand into a novel when I get a chance. I will admit, the thought to sue did cross my mind.

But I didn’t. This was partly because I’d never published the short story. I’d sent it to a friend who recommended I expand it and I did speak of it one or two times on my blog, but beyond that it’s been languishing on the shelf until I feel it’s time to start expanding it. It’s a little too much to suppose that they somehow found a single post on my blog back in 2013 or maybe even hacked my flash drive and used that material to create their movie. That sounds more like a conspiracy theory or something.

Not only that, but I felt that what I was going for with my story set it apart enough from the movie in question that I didn’t need a lawsuit. And finally, I’m just finishing up my undergraduate degree. I have no time and none of the expenses for such a lawsuit, even if I was inclined for one.

But just because I didn’t feel that copyright infringement had happened here doesn’t mean it never happens. There are quite a few cases where judges have found that movie producers or book writers or TV showrunners have owed someone money over a possible infringement. Some ways to prevent yourself from being caught in either the plaintiff’s or defendant’s side include, of course, to seek out every copyright protection you can get. For example, with every book I publish I make sure to send it to the US Copyright Office first. I know, technically publication or sending it to myself in the mail is considered copyright enough, but it helps to have federal protection.

Another thing to do is, if you suspect that someone’s infringed on your copyright, that you do as much research as possible. See if you actually have something to worry about. Also remember that there are plenty of stories that have similarities (like Olympus Has Fallen and White House Down have similarities, for example), so keep that in mind while you research. It could turn out your work and the work you’re researching only has a few similarities, and the ones there are just the kind anyone could come up with.

But if there’s enough resemblance that you can’t pass it off as just a few coincidences, then perhaps you might want to see if a few more people see the resemblances. If they see them too, then maybe you should consider consulting a lawyer.

Of course, I am no lawyer and I’ve never had to worry about this. If anyone has experience with this subject, please let us know your story and tell us what happened. We’d love your feedback.

In the meantime, I’ll keep an eye on this Whedon-Gallagher story and see how it turns out. Because this could be our story. Anyone of us could go through this, as any one of us could have a copyright infringement lodged against our own properties simply to con us or someone could steal our works and sell them for their own profit. And we need to watch so we know how to fight it and keep it from happening to us.

Google E-Books Explained

In an effort to rival Amazon, Google has started their own ebook store. The new endeavor launched December 6th with more than three million titles available, though many of those are public domain books. Not that that’s a bad thing. I’m all for the classics moving into the digital age. eBook formats include Android, Sony, Nook, iPhone, iPad, iPod Touch and web viewing, and they have a selection of free reads, as well. Of note, they are not compatible with the Kindle.

The question that’s floated around is whether or not this new site is indy author friendly, and the answer is yes, yes they are. In fact, here is the direct quote (which can be found here)

“If you’re self-published, or the rights to your book have reverted back to you, you can join the program yourself by sending us your books or uploading them in PDF format. Check out our Author Resources page to learn more.”

This is where things might get confusing.

To join you can create an account with an existing google account, or create a new one. But, first have to sign up with Google books. Google books is an oft debated search-able database of books that google has scanned into their system. (more on that later). Once you’ve joined and agreed to allow your books to be listed, that’s when you get the option to join the ebook store.  In fact there are separate ToS for each. This one is for the Google Books program, while this is the addendum for the eBook store.

As I mentioned about the Google Books project, there were a lot of authors who felt that their copyrights were violated when Google started archiving portions of their books in the original Google Books program. To remedy this, Google is paying out to authors who had books in print prior to January 5, 2009 that they archived without permission, and they now offer the option for you to claim your book (do so here) and add a “Buy here” link to their directory listings. (I assume you can also have the book removed, but I haven’t looked into that) However, right now those links can only go to your website (if you’re selling books on it)not to Amazon, Smashwords, or any other third-party site.

This is where the eBook store comes in. When you submit your books to Google’s ebook store, they will then link the “buy book here” button on your google book to your Google eBook listing.

But before you worry about how much of your book is being shared, know that you can change the amount. Default is 20%, but you can choose to share more or less.

One down side to their process, in my opinion, is that to submit, books must be in a PDF format, and must be named very specifically by their ISBN numbers.  Here are the details on how to do that. Of course, you can also send them a print version and they will manually enter it for you, but by the time you buy your print version and mail it, you’ve spent more than the time it would have taken to PDF is worth.

So, should you bother? If you have a book published before January 5th, I’d at least go check to see if they have it listed because they may owe you money from advertisement clicks. To sign up for the one is not to sign up for the other, so don;t have to commit to the eStore if you don’t want to. Personally, I’ve signed up for the Google Books program, and will also agree to the eStore, though I haven’t uploaded anything because I’ve been busy. As an android phone owner, I may also look into purchasing from them in the future. I’ve tried the Kindle for android and didn’t like it very much, but this may be better – or it may not. as with any new endeavor, it’s a gamble. but, the way I look at it is since you’re not signing any book rights away, what do you have to lose?

For more information, here is a link to the help section, which s actually pretty useful for a change.