In 2009 pro se plaintiff Susan Hassett sued Elisabeth Hasselbeck, her publisher, and a John Doe ghostwriter, for copyright infringement stemming from Hassett’s book, Living with Celiac Disease, which she alleged she sent to Hasselbeck and was copied by Hasselbeck and the ghost writer when they wrote The G Free Diet.
In this opinion, Chief Judge Wolf grants summary judgment to Hasselbeck, finding that, allegations of copying aside, any similarities between the books are those of ideas, facts, and other unprotectable elements. The opinion details a variety of passages that the books have in common and explains how the common elements are simply not protectable under copyright laws (e.g., the suggestion to tell a teacher that your client has celiac disease, or the idea that double-dipping should be discouraged). While there are many similarities in terms of ideas, there is very little similarity in expression.
To Judge Wolf’s credit, he praises Hassett’s early efforts in compiling and publishing a guide to assist those who suffer with a difficult condition. Unfortunately for her, the ideas of how to manage the disease are simply not copyrightable.
Hassett v. Hasselbeck, 09-12034-MLW (D. Mass. Dec. 3, 2010)
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