Copyright and ownership of written material

berrypendel

Mr A asks Mr B to write a book, the story of A's life. The deal is write the firstv chapter free to show he can do it and then Mr A will fund Mr B

First chapter done Mr A refusesnpayment through a solicitor, says no money is owed

Can Mr B then use the first chapter i.e does he own it? He owns copyright but since it about someone who may recognise himself if it published where does B stand

tiktock7aclock

berrypendel wrote: »

Mr A asks Mr B to write a book, the story of A's life. The deal is write the firstv chapter free to show he can do it and then Mr A will fund Mr B

First chapter done Mr A refusesnpayment through a solicitor, says no money is owed

Can Mr B then use the first chapter i.e does he own it? He owns copyright but since it about someone who may recognise himself if it published where does B stand

I suspect that if mr B can prove he wrote the chapter, the copyright by law through the Berne and local conventions states that copyright is assigned to an original piece of work automatically and without registration, therefore B still retains the copyright outright unless a legal order to transfer the copyright is formally made.

berrypendel

tiktock7aclock wrote: »

I suspect that if mr B can prove he wrote the chapter, the copyright by law through the Berne and local conventions states that copyright is assigned to an original piece of work automatically and without registration, therefore B still retains the copyright outright unless a legal order to transfer the copyright is formally made.

Isn't there something that it is ilegal to write about someone who recognise themselves and their story without their permission

benway

tiktock7aclock wrote: »

I suspect that if mr B can prove he wrote the chapter, the copyright by law through the Berne and local conventions states that copyright is assigned to an original piece of work automatically and without registration, therefore B still retains the copyright outright unless a legal order to transfer the copyright is formally made.

Copyright does attach automatically on creating the work, but it can be transferred afaik, would depend on the terms of the contract between A and B. Plus, the failure to pay could allow B to disclaim the contract in any event and retain full rights.

berrypendel wrote: »

Isn't there something that it is ilegal to write about someone who recognise themselves and their story without their permission

Don't think so, "unauthorised" biographies are published all the time, open to correction on that, but you can certainly defame someone very easily by doing so - classic case of Sinclair -v- Oliver St. John Gogarty, "Because he sought new mistresses more keenly than old Masters.".

Victor

It would be a foolish writer that would sign up to something like this without having a formal agreement in place. It would be a foolish subject person to let someone in on their secrets without having a formal agreement in place.

berrypendel wrote: »

Isn't there something that it is ilegal to write about someone who recognise themselves and their story without their permission

You've just killed the newspaper business.

There may be an issue of trading off someone else's identity / intellectual property. Writing a documentary is another matter.