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I just don't see a competent lawyer taking this case...
Federal court is like watching the paint dry on growing grass coming up through a crack in the concrete. I'll check in on the case at least once a week, but it will be a while before anything else happens.
For example, I'm still waiting on a decision on a dismissal I filed last April.
Does this mean the federal courts are run by PA's shipping department?
The best bit was "both books start in October".
IANAL, and I am just asking this because I don't know. Since PA bought the NA rights to the book and the damage is to the published book, wouldn't PA be able to claim most of the award, should King lose?
IANAL, and I am just asking this because I don't know. Since PA bought the NA rights to the book and the damage is to the published book, wouldn't PA be able to claim most of the award, should King lose?
And how much could they claim? 88%?
With King in one corner, PA in another, and the author in another, we have a real, old-fashioned Mexican Stand-off.
Someone cue the Eastwood music and give King a cigar and a poncho.
I don't think so. The suit alleges copyright infringement, and presumably the author holds the copyright. The guy's not claiming that King reprinted his book, so the NA rights don't apply here, IMHO.
I retain the copyright to my PA novel; PA only has the printing rights. Perhaps PA did this intentionally to avoid just this type of mess, although it would be more common for a PA author to plagiarize someone else, not the other way around.
That would be King's publisher, not PA, since the PA author is the one doing the sueing.As for intentionally avoiding the mess, if an author gets sued for plagiarism, chances are the publisher will be named in the suit as well.
That would be King's publisher, not PA, since the PA author is the one doing the sueing.
And yes, my contracts have always had indemnification clauses. That doesn't meant the publisher won't get sued.
In my little bitty pub contract I had to indemnify the publisher against this sort of thing. I'm sure King did as well. However, it is definitely in S&S's best interest to protect their money player.
If your indemnity clause doesn't specify that it's against judgment finally sustained ... it isn't a very good indemnity clause.
That is, the author only pays if it's proved in a court of law, and upheld on appeal, that he or she did in fact plagiarize.