Q. I have written a short story with the help of my brother in law which we are trying to get published. Unfortunately we have now fallen out and are not speaking. How do I copyright the story to make sure that I own it?
A. The author of a new piece of written work is automatically the first owner of that work without having to do anything to copyright it. For example, as I two finger type these words in response to your query I am clumsily creating a new written work of which I automatically own the copyright (for better or for worse) without having to do anything to register that ownership.
Now If anyone was to help me with a Gazette article, say Mrs Swan were to chip in with some helpful suggestions as to how I should reply which didn't simply go in one ear and out of the other (my usual way of dealing with her suggestions), then together we would be the joint first owners of that work. Therefore, when you and your brother in law wrote the book together you created a single work of which you were the joint authors and joint first owners. Consequently, if you wanted to sell or publish the story, your brother in law would have to agree otherwise an infringement of copyright could occur.
Copyright is, however, a form of property which can be bought or sold. Therefore, if you feel that the economic rights in your story are of value, you may wish to approach your brother in law to see upon what terms he would be willing to transfer or sell his rights in the works to you. If that is something which you would wish to consider, could I suggest that you contact me to arrange an appointment to ensure that this is dealt with properly. And there is no need to worry; I won't bring Mrs Swan along to the appointment.
Should you have a query regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
