Copyright names in a "tell-all" book

[Unregistered]

I am writing a "tell-all" book and mention specific names and details of persons I have met and known, and conversations we have had. One has plagiarized my writing at length, and I can prove it. My goal in the book is to let people know that these individuals are not as pristine as they purport.

I would also like to know whether I can file a lawsuit against the plagiarist even though it's been around 10 years. I didn't discover this until recently because our friendship deteriorated over a decade ago and I had not bought his books until a few years ago.

 

[army judge]

I am writing a "tell-all" book and mention specific names and details of persons I have met and known, and conversations we have had. One has plagiarized my writing at length, and I can prove it. My goal in the book is to let people know that these individuals are not as pristine as they purport.

I would also like to know whether I can file a lawsuit against the plagiarist even though it's been around 10 years. I didn't discover this until recently because our friendship deteriorated over a decade ago and I had not bought his books until a few years ago.

I strongly suggest you speak with a lawyer before proceeding.

Truth is the ultimate defense to libel, but proof can be a troubling thing.

If you don't, you'll likely receive push back from publishers.

Most publishing houses are very conservative and don't like being sued.

You could always publish it yourself, but we all know how many books self published ones sell.

Can you bring a lawsuit?

Sure, anyone with a filing fee and few forms can sue anyone they wish.

That's not the question you should ask.

Before yous sue, ask if you have a case.

 

[disagreeable]

How do you intend to prove the person did not obtain the information from the source you ummmm derived it from?

 

[Michael Wechsler]

I am writing a "tell-all" book and mention specific names and details of persons I have met and known, and conversations we have had. One has plagiarized my writing at length, and I can prove it. My goal in the book is to let people know that these individuals are not as pristine as they purport.

I would also like to know whether I can file a lawsuit against the plagiarist even though it's been around 10 years. I didn't discover this until recently because our friendship deteriorated over a decade ago and I had not bought his books until a few years ago.

Whatever your goals are, army judge gives very sound advice. If you can prove that someone has committed copyright infringement and you own that copyright then you have a cause of action or lawsuit... assuming the statute of limitations doesn't bar you from bringing suit.

Copyright Statute of Limitations

§ 507. Limitations on actions

(a) Criminal Proceedings. — Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

(b) Civil Actions. — No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

Generally there is a three year statute of limitations. Whether or not the "discovery rule" applies depends upon the district court you are in. The discovery rule would mean that you have three years from the date that you discovered a cause of action arose to sue. The logic is that of fairness. It wouldn't be fair to allow someone to commit copyright infringement in a remote city, sell books for 10 years locally, and you be barred from lawsuit because you didn't find out this person was selling your book without authorization for many years.

Some courts use the "injury rule" which is that there is a cause of action that arises each time there is an infringing action, regardless of when you knew about it. If the court uses the injury rule, the defendant can raise that defense to bar your claim.

From my understanding, only a New York Court (SDNY) uses the injury rule for copyright. I believe that a majority of federal district courts (if not all) apply the discovery rule. If so and you have a valid cause of action - and there is enough at stake to make it worth a lawsuit - then good luck with your case.