Best-Selling Novelist Sued for Copyright Infringement — How to Avoid Legal Challenges

Stay within the law when using other people’s ideas

In 1978, best-selling British horror novelist, James Herbert, celebrated the publication of his new novel, The Spear, in hardback. But the celebrations didn’t last long because he got sued for copyright infringement.

Herbert was originally inspired to write the story by Trevor Ravencroft’s book, The Spear of Destiny. He included some lines from Ravenscroft’s book in his story, and openly credited Trevor Ravenscroft’s work as inspiration in his Author’s Note at the front of the book.

A lawsuit ensued, with Ravenscroft demanding £25,000 for copyright infringement. Ravenscroft did not accept that the lines Herbert published from his book fell under ‘fair use’ laws.

Herbert believed that the lines he’d used from Ravencroft’s book imparted historical facts, but it turned out that the ‘facts’ were gained by Ravencroft’s personal transcendental meditation. Because these ‘facts’ were exclusive to Ravencroft and were not available from other research sources, he argued that Herbert was not permitted to use them without permission.

The copyright infringement case went to court, even though Herbert had acknowledged the source and didn’t believe enough of the text had been copied to warrant a copyright infringement claim.

In court, Herbert was ordered to remove 13 lines from his book. The paperback edition was subsequently delayed by two years, and eventually published with the 13 lines deleted and a revised prologue. Herbert gravely wished he’d never put those lines in the book in the first place. (Source: Devil in the Dark)

The moral of the story is that even the most careful writers can fall foul to copyright infringement claims. If you are using somebody else’s ideas for inspiration, don’t make your final piece too close to what they have written, because that can get you in trouble. Rewrite it from your own perspective, bringing your own ideas and thoughts into the work. Credit any sources that you’re referring to, and if in doubt, seek permission.

Even if you have the other author’s permission to print a part of their work, you should give them credit for it. It is widely accepted that quoting a couple of lines from a much larger piece of work doesn’t require permission if it is properly credited, however, there have been occasions when ‘fair use’ assumptions have been challenged in court. And the Ravenscroft vs Herbert case is one of them.

Song lyrics aren’t exempt

It’s also worth knowing that quotes from a pop song can cost a fortune. The music industry thinks nothing of charging an author large sums of money for repeating one line from a pop song in their literary work. Don’t think you can quote lines from a song for free — you can’t (source). Well, not without risk anyway.

In a previous freelance writing job, I wanted to quote directly from a university research paper and requested the author’s permission to do so, but they seemed uncomfortable about it. I never got permission, so eventually I rewrote the key points in my own words and credited them. For the sake of a few lines, it simply isn’t worth risking a law suit.

Libel

Libel is when you write something offensive or defamatory about a person or organisation. Any disparaging statement can be libellous and you could end up having to defend your actions in court. I’ve seen Medium writers call well-known personalities ‘psychopaths’ in their blogs, without any evidence to back that up. That’s probably not very wise. It might back fire.

So if you want a stress-free life as a freelance writer, try to avoid writing anything offensive or defamatory.

I’ve had to think twice, even in reporting the local police updates in my local paper. Ever since someone pointed out that if the police made a mistake and I repeated it, I could be sued for libel, I’ve just reported the crime and punishment, not the names of the offenders. Remember, the staff reporters on the daily newspapers may be covered by a heavy-duty insurance policy, but if you’re a local correspondent on a freelance job, I’m guessing you’re not.

Someone who sues you for libel doesn’t have to prove damage to their reputation. If the story is deemed to be defamatory, that is sufficient. If you are libellous about an organisation the directors can sue for that too.

In your defence, you can argue that your story was true, but that’s easier than proving it — and do you really want to go to court anyway? If you’re uncomfortable or unsure about something, it’s best just to leave it out.

© Susie Kearley 2022. All Rights Reserved.

This is based on a chapter from my book Freelance Writing on Health Food and Gardens, published by Compass Books. View all my writing books here.