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I wrote a novel. I had an online service edit it: ''the write elements''. They fulfilled the first portion. Then their editor quit. He has my manuscript in his possession at least as a digital file. He refused their requests to return the work. I worry his having my work, I also don''t have his name or whereabouts. He supposedly signed a confidentiality statement with The Write Elements. Does this infringe on my rights, I did not give this person the right to keep my manuscript. The work has been sent off to the library of congress for official copyrighting. Do I have to wait to see if the work shows up in print or elsewhere for there to be a violation? any suggestion for a remedy? I am considering hiring a lawyer to find out who this person is that once worked for this online editorial service. Thank you

Customer (name blocked for privacy)

Thank you for contacting Just Answer.

The problem with digital files is that there really is no way to "return" them. For example, if the former editor were to email the manuscript back to The Write Elements, a copy of the file would still remain on his computer. The only thing that can be done is for The Write Elements to ask the former editor to delete the file from his computer, and even then there would be little way for The Write Elements to verify that he had complied. Depending on the confidentiality agreement that he signed with The Write Elements, he may or may not have an obligation to delete the file or return his hardcopy of your work. It might be a good idea to ask The Write Elements to let you look at the confidentiality agreement; they would have no obligation to let you see it however.

As far as copyright infringement goes, no infringement takes place until someone makes a copy of your work (or a portion thereof) without your permission. By keeping a hardcopy of your manuscript or refusing to delete his electronic copy, the former editor has not committed copyright infringement. You are correct: you would have to wait until an unauthorized copy of the work shows up for there to be a violation. Frankly, the fact that someone who worked on your manuscript at The Write Stuff has quit makes copyright infringement neither more likely or less likely: it is just as possible for a current employee to commit copyright infringement as it is for a former employee to do so.

Remember that your work was protected by copyright from the moment that you wrote it: you do not have to wait until the copyright has been registered with the Copyright Office for it to be protected. If, presumably, your intent is to publish the work, you will always face the possibility that some nameless person is going to copy it. The fact that one person whose name you don't know saw your work before it was published doesn't greatly increase the likelihood that there will be a copyright infringement of your work.

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My answer is not legal advice. This forum is only designed to give you a basis of knowledge. I am not your attorney. You should consult with legal counsel in your state for specific information relevant to your situation. Please remember to hit "ACCEPT"!

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