Who owns love letters

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Answer: Sadly, the attorney is correct. On an emotional level, I agree with you that letters are gifts, but the law takes a different view. The physical letters belong to you, but your ownership of the letters does not give you the right to publish the words in the letter.

The copyright to the words, and the exclusive right to publish those words, belong to the writer, your ex-lover.

This question has been the source of some legal battles, typically when the letter writer or letter user is famous and the publication of the letters generates some money. In one scene, a character tells another character a joke. I wrote this joke specifically for the book.

Is there anything I can do to help prove that I wrote the joke on my own for the book? Kind of an odd question, hope you can help. Same with photos. You do not have to prove that you wrote the joke independently. The other side has the burden of proving that you copied their work.

And proving copyright infringement of something like a joke would be a tough case for them to win. First, in order for someone to win an infringement action, they would have to demonstrate that the original materials were protected by copyright.

Short jokes are not typically protected, particularly if they are obvious. Next, they would have to show you had access to the material and copied it. Copying can be shown if there is so much similarity that independent creation seems unlikely as decided by a jury. The classic example is when typos from the original work also show up in the allegedly copied work. Proving infringement is complex and complicated, as this piece about a case involving Six Feet Under discusses.

The wait just kills me when I just want to get my book out for people to read! Please help me! Answer: First, I am assuming you are in the U. You do not have to wait at all. Question: I just finished reading a memoir and was surprised to find so many names mentioned under least than desirable circumstances. In one description of a boyfriend, giving specifics that if not made up would identify him, she calls him stupid and tells how he rifled his friends wallets for cash.

I find that hard to understand that if this is true, how can she get away with publishing it without getting sued? Or do the big publishers have lawyers who can vet the specifics? Answer: Keep in mind that nothing is completely safe until a judge decides it is. But generally, you may name names in your memoir or other book. When it comes to factual information, stick to the truth. The more proof you have, the better. If you will be disclosing private information, then research whether that information has been made public in court documents, news reports, even family gossip.

If the information has been made public, then there is less risk someone could claim successfully, at least that you disclosed private facts. The false statement or disclosed private information needs to be more than embarrassing. Generally, it needs to imply criminal, deviant, or professionally incompetent conduct. Portraying someone as a jerk of a boyfriend, or an insulting mother-in-law, or an obnoxious boss is not likely to be considered defamation or an invasion of privacy.

The issues get complicated, and there is no clear line between safe and defamatory. Publishers do put their manuscripts through legal review, particularly if there is anything in the work that makes them nervous. They also carry media risk insurance. I bought an original painting of a ship directly from the artist at a street fair. Now I would like to take a photo of my painting to use in my memoir as a frontispiece. Can I do that without express permission from the artist?