QUESTION

How is it to remove a producers name from US Copyright?

Asked on Nov 05th, 2012 on Patents - Oregon
More details to this question:
I have a Producer on my team whose name was attached to my US copyright script. Since then she has completely non-active on project only to find out she is using MY idea but switching it up slightly.
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2 ANSWERS

Assuming a copyright registration was filed in the Copyright Office, "inappropriately" including the Producer as an author or owner of the work, the simplest solution is to simply refile the Copyright registration with the proper authors of the work. Once this is done, you may be in a position to sue for copyright infringement. The judge and ensuing litigation will sort out the validity of the two copyrights and whether or not the Producer is infringing by "using YOUR idea but switching it up slightly." However, to properly answer your question will require more material facts such as answers to the following non-exhaustive list of questions that must be answered: What creative contribution if any did the Producer "on your team" have on your original script? (The answer to this question may determine whether the Producer was in fact an author or not.) Were you obligated to include the Producer as a copyright author/owner by contract? (The answer to this question will determine whether the Producer has copyright ownership irrespective of authorship.) What precisely is "switching it up slightly"? (The answer to this question will determine whether the Producer's use of your work actually infringes your original copyright.) Of course, your first step should be to consult an intellectual property attorney to disclose all of the material facts for your case so that the attorney can properly research your facts in view of the copyright statutes and the case law that has interpreted and applied those statutes to similar facts, and propose the best strategy for rectifying your dispute with the Producer.
Answered on Nov 08th, 2012 at 3:06 AM

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Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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It depends if she was truly one of the creators of the work. If she was then you are stuck with her on the copyright. If not she should not have been listed as a creator/author in the first place. Look at the us copyright office website - it details what to do in this situation.
Answered on Nov 08th, 2012 at 2:28 AM

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