You can be a thief without meaning to

Stolen memoir?

"I feel bad that he feels bad," Mr. Broyles said, adding that he had read and admired "Baghdad Express." "Maybe some of it stuck in my mind or maybe it was already there," he said.

"I don't have any conscious memory of using anything out of his book," Mr. Broyles said. "I can remember reading it and thinking, this guy really has it down. It was one of those unintentional coincidences that is frustrating for him, but there has been no effort to take anything from him."

Joel Turnipseed may still have a cause of action for copyright infringement. Even if someone subconsciously (i.e. with no awareness) lifted your material and made it his own, that person may still be liable. See here.

George Harrison's subconscious landed him in serious legal trouble in 1970, when he was sued for aping the Chiffons' "He's so Fine" with his song "My Sweet Lord." Harrison acknowledged his familiarity with the Chiffons' hit but claimed that he wrote his song without any attempt to copy it. Judge Owen decided against Harrison, ruling, "It is clear that 'My Sweet Lord' is the very same song as 'He's so Fine.' Under the law, this is infringement of copyright, and is no less so even though it may have been subconsciously accomplished." Although the album featuring "My Sweet Lord" was number one on the Billboard charts for seven weeks, Harrison never received any royalties. About the suit, Harrison remarked, "I still don't understand how the courts aren't filled with similar cases as 99 percent of the popular music that can be heard is reminiscent of something or other."

Broyles admitted that he had exposure to Turnipseed's work and even suggested that much of it may have "stuck in his mind." Be careful what you say! You're diggin' yer grave, Broyles...

Now back to work.