Edwina wrote an original novel entitled "Good Thunder on the Prairie" and registered a copyright on her work. A producer read the book and thought it would make an excellent made-for-television movie, so without consulting Edwina, he developed a script based upon the novel and produced it as "Thunder Storm on the Prairie." What, if any, recourse does Edwina have under the circumstances?
Copyright protection extends to an original expression of an idea. The right gives the owner (Edwina) the right to exclusive use of the work and the right to authorize others to reproduce the work and to prepare derivative works based upon it. The producer has violated Edwina's copyright. Because she has registered her copyright, she may (1) sue for an injunction; (2) request impoundment and destruction of the movie; (3) seek actual damages plus profits made by the movie studio; (4) seek costs and reasonable attorney's fees; and (5) if she can establish a willful infringement for purposes of commercial advantage, request that the U.S. attorney bring criminal charges.
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