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Exclusive: Jordan Scott Reveals Why She's Suing Stephenie Meyer

Writer says she's not seeking publicity by suing the 'Twilight' author, but does her case have merit?

If Jordan Scott could ask "Twilight" author Stephenie Meyer one thing, it would be, "Why?"

"That would be my question ... the thing I would have to say to her," Scott told MTV News in her first interview since her lawyers filed a [article id="1619110"]copyright infringement lawsuit against Meyer[/article] on Wednesday over claims that 2008's "Breaking Dawn," the fourth book in the "Twilight" author's series, plagiarizes from Scott's 2006 novel, "The Nocturne."

"I don't think it's a coincidence. This isn't about vampires or vampire lore, it's about the events in the book," she said. "From the main characters getting married and the description of the ceremonies, the feelings the characters are going through, the scene on the beach, the pregnancy and the discussion about it being a boy and giving him a weird name and the husband having to cut the baby out, the wife coughing up blood ... these are not things you typically see in the vampire genre."

Scott, 21, who said she graduated from high school at 14 and is now enrolled in a distance learning program at UCLA, adamantly denied speculation raised in a statement from [article id="1617576"]Meyer's publisher, Hachette Book Group[/article], that the legal action was an attempt at advancing her music/modeling/writing career. "I'm a student ... I do play guitar and I like music, but it's not a career," she said. "I'm not planning an album. I have modeled because I could, but I'm not out to be a model. What career would I be trying to advance? I didn't go to the media. The first I heard about [the lawsuit] was a couple weeks ago when I got questions based on [the cease-and-desist] letters [sent by her lawyers to Hachette]. If I was trying to seek publicity, I would have done it last year and not tried to settle it peacefully with them."

New York-based copyright attorney Tom J. Ferber, who is not involved in the case, said that based on his reading of the lawsuit, it's unclear if Scott has a rock-solid argument. "You could have a lot more similarities than those alleged in the complaint and still have no infringement unless it was the product of copying," said Ferber, who has practiced copyright law for 27 years and agreed to review the complaint at MTV News' request.

"There must be copying, and it must be of protectable elements," he said, pointing to a trio of allegedly similar scenes mentioned in the suit: weddings, consummation of the marriages on a beach and then pregnancies. Without the benefit of having read both books, Ferber said his reading of the complaint makes it seem as if the scenes fall under a copyright term called Scenes A Faire, which refers to elements in a work that one would logically expect to come from a certain topic or theme.

"Talking about a lot of flowers, or a beautiful dress, or sex after a wedding ... those are scenes a faire, of course you would consummate after the wedding," he said. "I don't know what's special about the beach, that's kind of a romantic place. The three examples listed as similarities strike me as unremarkable. ... I would expect more context and discussion of key characters and plots."

Reacting to another claim in the Hachette statement that "The Nocturne" was never formally published, Scott explained that while it was not formally published until 2006, she filed for copyright protection for the novel as early as 2003, when she began slowly posting chapters and portions of the book as it was being written at the behest of her online following.

"It was a trial-and-error thing," Scott said about the slow unveil of the book. Asked what motivated a 14-year-old to not only have the presence of mind to research and write a novel while her friends were likely busy obsessing over all things high school, but to also apply for a copyright, Scott said it's just her nature. "I have friends who like to write, and they encouraged me, and I liked the weird challenge of writing a book. I intended it as a 10-page short story, but I did a lot of research and tried to be thorough in researching the time and lore. I just did it for my own enjoyment. It was out there on the Internet and easily accessible."

Hachette has vehemently denied the claims in the case and said the alleged similarities between Meyer's book and Scott's "online story" were "wholly lacking in substance," explaining that it is indisputable that "Breaking Dawn" was based on the original "Twilight" sequel "Forever Dawn," which was written in 2003 and registered with the U.S. Copyright Office in January 2004.

Ferber said that one of the key questions, should the case go before a judge is if "The Nocturne" -- which was available on a handful of online book stores and on Scott's Web site -- was widely disseminated, and did it reach a threshold where you could assume Meyer could reasonably have had access to it? "If there's not enough availability to get past that threshold, then all the similarity in the world would not get you a copyright case, unless there's proof of verbatim copying," he said.

Scott's lawyer, Craig Williams, said the complaint contains just enough evidence to enable the defendants "to understand the scope of the allegations being made against them," and that some of the questions Ferber posed would be answered later.

Asked if she thinks it's possible Meyer could have seen or read "The Nocturne" as she was working on "Twilight," Scott said, "I think it's a great possibility." When friends began pointing out to her the alleged similarities between her book and "Breaking Dawn," Scott -- who said she's never read any of the "Twilight" books or seen the movie -- said she looked at "Dawn" and thought the similarities were too numerous to be a coincidence. That led to the [article id="1617521"]cease-and-desist letter[/article] and then to Wednesday's lawsuit.

"It looks like she used ['The Nocturne'] as a model ... I don't know if she read a chapter and wrote a chapter, but the similarities are there," Scott said, noting that the two books take place in different eras. "I hope that I could get recognition for my work and an admission from her. I'm not out for money. ... Next year, I'm done with school, and I want to go into screenwriting."

Next up for Scott is a screenplay based on "The Nocturne," as well as a sci-fi/political thriller and a cop drama, plus, possibly, a date in court.

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