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Author Topic: Does copyright stop the actual writer to use his own work  (Read 1085 times)

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Offline ankitsingh

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Does copyright stop the actual writer to use his own work
« on: July 09, 2014, 05:32:12 AM »
My father had co-authored a book. Though his name is published as the author on book but the other co-author has registered copy-right only on his own name. Now my father wants to use the content written by him for the first book in his another upcoming book but the other person is threatening him to file a case of copyright infringement against him. Can someone please let me know how to go about it because it is highly unjust to a writer that he can't use his own content. What could be the repercussions if my father goes ahead with his book and the other person files the case? How much time do such cases take to get resolved. Is there a way that it could be proved in court that my father has used only his own work? What is the best way to resolve this issue? Plz plz help.

Offline advbose

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Re: Does copyright stop the actual writer to use his own work
« Reply #1 on: July 09, 2014, 10:13:51 PM »
the fact that the co author has copyrighted the book without your fathers NOC in itself Illegal.

by the way has your father given him NOC to copyright the book in his name?

Offline advamrita

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Re: Does copyright stop the actual writer to use his own work
« Reply #2 on: July 09, 2014, 10:19:59 PM »
Copyright registration cannot prevent the co author from using his own work. You go ahead as long as you can prove that it is yours its fine.

Offline ankitsingh

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Re: Does copyright stop the actual writer to use his own work
« Reply #3 on: July 10, 2014, 03:59:29 AM »
Thank you so much Ms Amrita & Mr Bose for your kind replies.
My father had not signed any NOC. The first book was published 4 years ago. Is it possible to file a counter case for fraud copyright for that book even now? I was also curious to know how these copyright infringement cases are dealt by the court, do they issue a stay order on publishing and distributing of the contentious work (in this case the new book) till the case is not resolved?

Offline advuma

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Re: Does copyright stop the actual writer to use his own work
« Reply #4 on: July 10, 2014, 04:31:27 AM »
If your dad is a co owner and he did not give noc, than the other author must have given a false declaration hence the copyright certificate will be rendered invalid and your dad can proceed to file a complaint against the other author.
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