QUESTION
Is this copyright infringement?
Asked on Mar 09th, 2013 on Intellectual Property - West Virginia
More details to this question:
In 2006 (and 2010) I self-published a fantasy novel. I also registered with the US copyright office. Today, I discovered that an established author published a book in 2012 with the same name and a very similar premise. To my knowledge from the sneak peak on Amazon, the plot is different, and the characters are different, but the premise is the same. For example, if I made a certain alien race with specific traits and called them "Eggs", and she did the same but with different characters and plot, does this constitute copyright infringement? The titles are also the same.
1 ANSWER
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Neither the premise nor the title alone will not be sufficient. There has to be substantial similarity between the two works. It is not a DIY (do it yourself) common sense analysis, but one that comes after years of experience in copyright law.
Answered on Mar 11th, 2013 at 5:09 PM