Colorado Springs, CO asked in Intellectual Property for Colorado

Q: How closely do two books have to be in plot and setting for an author to successfully win a copyright infringement case?

Do I have to prove the other author has read my story to be successful?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Most copyright infringement claims are decided buy the specific facts of the case. There is no hard rule for the majority of infringement cases. Direct and literal plagiarism is an undeniable infringement. A similar general plot and setting may be an infringement, but it could also not be infringement. You will need to contact a copyright lawyer directly for a review. Expect to pay for the lawyer's time. Also, as warning copyright infringement cases are at minimum $10K if it goes into litigation (it can go into the millions if the case if difficult or hotly contested).

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