Are there any restrictions about the use of non-copyrighted characters or plots?

Question

I have finished my first novel and shared it online with beta readers and those helping me write query letters. I checked Google to see if my very narrow niche market of "biological warfare" spy novel remained uncrowded. Most spy novels usually center around nukes or terrorists, but my specialty niche is about 'Germ Spies'. I was shocked to find there is now one published novel that is basically a version of my own. The published novel used my main protagonist's same name in its title (it is a rare surname with a unique spelling). The plot was indeed about espionage with biological weapons involving Russia, nearly exactly as my own novel. The author posted his novel on Goodreads where it received a single review from a newly created account, and this single review was the only time that account showed any activity. The reviewer also used the exact name of another of my main characters, a name that is very rare.

I have no real way of proving plagiarism of my plot and characters, especially since the other novel is self published, but in science we must disclose 'prior art' pertinent to our invention. My question is, since another author is using my main character's name in his novel with a plot very similar to my own, am I now required to change my characters name to avoid being accused of plagiarizing his work?

Answer 1

Your distribution to beta readers and others could support a copyright claim if they are willing to sign statements indicating they are familiar with your work prior to this self-publishing.

You could pursue a takedown with Goodreads and/or the publisher under the DMCA.

Copyright exists from the moment of creation in the US. You don't need to register it like a patent---registration simply makes it easier to determine the creator and date of creation.

It is probably a good idea to nip this in the bud if you intend to use those characters or that world in the future. Otherwise, this "author" could cite his publication as evidence of "his" copyright.

You should look for legal resources and contact Goodreads immediately. Maybe this will require a lawyer, but maybe it won't get to that point. The important thing is that you retain the right to use those characters, regardless of whether you intend to monetize the existing work.

Answer 2

You would need to show that your story is too similar to the offender to be reasonably unlikely that you happened to come up with similar names and plot elements. Again, there was the question posed of how close is his plot to yours... is there ideas that you did not have? If so, how much is a good guestimate to your own.

More importantly, how much of the commonalities could be seen from the Wattpad posts you made? If it's like your post but I never posted that, highly unlikely he stole it from you. The names of characters may have been taken, but that's not worth a hill of beans to proving copyright infringement.

Finally, you also need to prove that this book was written by someone who has a Wattpad account or access during the time you posted the story details. As its central to your accusation that he saw your work and duplicated it for his own profit, you have to prove this accusation.

Copyright does not mean you have to request it, just show you thought of it, as opposed to him. So just because you showed your ideas to others on the internet doesn't mean you can't claim them as your own ideas.