Follett v. New American Library, Inc.

Three French journalists, under the attribution Rene Louis Maurice, wrote a book (the original) that recounted the events of a theft in France. The original was translated into English (the translation), and then granted to a British publisher for publication outside of France. The publisher retained Ken Follett (plaintiff) as editor and gave him the translation to review, edit, and prepare for publication. According to Follett, substantial work was required in order to prepare the translation for publication, including restructuring the plot, bringing style to the writing, exploiting the drama, developing the characters, and filling in gaps. The resulting revision was published in England under the title The Heist of the Century (the book) with the attribution of “Rene Louis Maurice with Ken Follett” on the title page. The book was then granted to Arbor House Publishing Co., Inc. (defendant), who published the book in the United States under the title The Gentlemen of 16 July (collectively, the book) with the attribution of “by the author of triple and eye of the needle Ken Follett with Rene Louis Maurice.” Follett’s name was listed on the spine of the jacket of the book, but not Rene Louis Maurice. Notably, between the book’s publication in England and the United States, Follett authored several other novels that achieved best-seller status. Follett brought suit against Arbor House, arguing that the attribution of him as principal author of the book constituted a false representation and false designation of origin in violation of the Lanham Act.