Body & Soul2 mins ago
Copyright
So the advice everyone gives is post a copy to yourself, if you get it postmarked it will be legal proof that you have come up with the original idea. Has anyone EVER used this, or is this budding authors thinking that their ideas are so valuable, yet they only want to use the most cut-price methods of holding onto it? I mean, could you post an unsealed envelope to yourself today, in four years time put the plot of a big film into the envelope, seal it and get BIG money?
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For more on marking an answer as the "Best Answer", please visit our FAQ.I've always presumed this to be a load of rollocks. If it were true, surely you could send yourself an empty envelope and tuck the flap in, rather than seal it? That way, a few years later, you could put in - say - an almost identical version of Harry Potter, then seal it and take it to court "unopened"?
How about if you have an Affidavit sworn by a solicitor before another independent solicitor to the effect that:- 1. He has signed the manuscript; 2. He placed it in the envelope; 3. He sealed the envelope securely; 4. He signed his name over all the seals (or some other way of showing that the seals had not been tampered with) (sealing wax?); 5. He is available to give evidence and state convincingly that "this is the same uninterfered with" envelope that he posted. Apart from allegations of being a bent lawyer (no comment please) surely this might work.
you somehow it think you would need a hell of a lot more proof than that to get any money from that. remember these people have the best lawyers in the world you don't, plus it is not entirely clear in that situation who you would sue the writer, the producers ,the studio etc. plus it is very rare even for those who do have plenty of proof to win court cases against film studios or top producers.
The situation would be - you find your copyright abused, you advise your solicitor of your sealed proof, and it is opened in fron to witnesses, and if necessary, the case proceeds. You would need proof that your envelope was sealed at the time of posting - I'm oretty sure the PO do this - they used to run round the envelope in straight lines with blue felt tip, to prove it had not been tampered with, but you;d need to clarify that. You could try the 'sealed afterwards' method, but if the person you are trying to sue has done it the correct way. you're going to look rather silly!
I'm not a legal expert, but I think that copyright is only breached if it can be proved that the plagiarist actually had access to your material. If I remember correctly, despite the large number of "coincidences" between JK Rowlings HP novels and some American woman's work, the judge ruled that as there was no proof that JK had read the woman's work then there was no breach of copyright. This woman was published, and it wasn't just shoved in an envelope! Of course, JK can probably afford some heavyweight legal support!
That is why most producers etc will not read unsolicited manuscripts, and many ask that people do not post story ideas on sites they are known to visit - it lowers the risk of them seeing an idea that someone may later try to sue them over.
That is why most producers etc will not read unsolicited manuscripts, and many ask that people do not post story ideas on sites they are known to visit - it lowers the risk of them seeing an idea that someone may later try to sue them over.
I'm not a legal expert, but I think that copyright is only breached if it can be proved that the plagiarist actually had access to your material. If I remember correctly, despite the large number of "coincidences" between JK Rowlings HP novels and some American woman's work, the judge ruled that as there was no proof that JK had read the woman's work then there was no breach of copyright. This woman was published, and it wasn't just shoved in an envelope! Of course, JK can probably afford some heavyweight legal support!
That is why most producers etc will not read unsolicited manuscripts, and many ask that people do not post story ideas on sites they are known to visit - it lowers the risk of them seeing an idea that someone may later try to sue them over.
That is why most producers etc will not read unsolicited manuscripts, and many ask that people do not post story ideas on sites they are known to visit - it lowers the risk of them seeing an idea that someone may later try to sue them over.