tag:blogger.com,1999:blog-33226151.post4458534333207692705..comments2024-01-12T11:26:35.176-05:00Comments on Working Stiffs: Steal that book?Working Stiffshttp://www.blogger.com/profile/03270595837074553752noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-33226151.post-23654964245052930272009-05-20T09:05:06.167-04:002009-05-20T09:05:06.167-04:00Whoops, I meant "create confusion in the marketpla...Whoops, I meant "create confusion in the marketplace by writing an <B>un</B>authorized story."Bill Peschelhttps://www.blogger.com/profile/15257587479467531187noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-41509449885992747532009-05-20T09:04:06.417-04:002009-05-20T09:04:06.417-04:00Minor nitpick: Scarlett O'Hara is definitely not p...Minor nitpick: Scarlett O'Hara is definitely not public domain, since the book came out in the 1930s.<br /><br />However, it didn't stop that writer from coming out with "The Wind Done Gone," which was GWTW told from the slaves' POV. Alice Randall evades some copyright issues by disguising the names (Scarlett is referred to as "Other" and Rhett as "R"), but that still didn't stop the lawsuit. She was able to argue successfully that she was parodying the original.<br /><br />As for stealing a character, I think you would have a hard time getting away with it. In some cases, such as Dirk Pitt and Clancy's Ryan, the authors did trademark those names, so there's an added layer of protection (much like deodorant). I would think, if you took James Bond and wrote a spy story, that they could still argue successfully that you've created confusion in the marketplace by writing an authorized story. But if you wrote a parody of Bond and called him James Stock, you could get away with it, much like the Harvard Lampoon folks did with "Bored of the Rings" and their Dune parody.<br /><br />Since I'm not a lawyer, this shouldn't be taken as legal advice. But in general, you could be taken to court over anything, so the best thing would be to create something that's truly your own. Then you can copyright and trademark the sucker.Bill Peschelhttps://www.blogger.com/profile/15257587479467531187noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-25199298420411993392009-05-19T19:58:38.516-04:002009-05-19T19:58:38.516-04:00Also, Maguire tends to use minor characters as his...Also, Maguire tends to use minor characters as his main character. For instance, the Witch of the West in Wicked (and her son in Son of a Witch, a character wholly out of Maguire's imagination), and the stepsister in Cinderella. You could even argue that the lion is a secondary character in the Oz stories, compared to Dorothy and the Tin Man. <br /><br />He twists the perspective around so firmly that it's nearly unrecognizable as the same story; indeed, it isn't at all. His version is generally tortured and dark, and delves deeply into the human conscience. Not to mention that he takes what amounts to short stories and makes tomes of them. <br /><br />It's an interesting question.Karen in Ohionoreply@blogger.comtag:blogger.com,1999:blog-33226151.post-78278386321467009902009-05-19T13:46:00.000-04:002009-05-19T13:46:00.000-04:00Lisa raises a good point. QAll of the mentioned ch...Lisa raises a good point. QAll of the mentioned characters that were "borrowed" are now PD. using a copyrighted character would probably get you sued faster than you could say Art Buchwald. <br /><br />As to the ethics of "metafiction," there was an established and honorable musical tradition of famous composers writing variations on themes of other composers. Brahms wrote famous Haydn and Handel variations; Rachmanioff's Paganini variations are also famous. These were, in their day, considered to be not only legitimate art forms, but genuine homages to the original. Copyright complicates this--and I'm not advocating limiting the copyright restrictions at all--but these novels strike me as pretty much in the same vein.Dana Kinghttps://www.blogger.com/profile/01350344882342624735noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-57525903748614310202009-05-19T09:54:00.000-04:002009-05-19T09:54:00.000-04:00It kind of feels like cheating to me, but, hey, if...It kind of feels like cheating to me, but, hey, if it sells, more power to them, I guess.<br /><br />I am curious about the legalities. The books we're talking about people lifting are from works that the copyright would be expired on (Scarlett O'Hara, Huck Finn, etc.). So they're public domain now, right? But you couldn't legally steal a character from a contemporary novel, could you? Like say, Jack Ryan from Tom Clancy's novels or Dirk Pitt from Clive Cussler's. Wouldn't they be protected by copyright? Or does copyright law not protect characters? I really don't know, but now I'm curious. (Not 'cause I have intentions of stealing anybody's characters -- classic or contemporary -- but just 'cause I want to know.)<br /><br />Anybody?lisa currynoreply@blogger.comtag:blogger.com,1999:blog-33226151.post-80744876442927597142009-05-19T09:05:00.000-04:002009-05-19T09:05:00.000-04:00I'm with Tory. I think it's easier coming up with...I'm with Tory. I think it's easier coming up with your own plot, characters and reality than to spin someone elses. <br /><br />And like Joyce, if it's fresh and done well, I'm for it.<br /><br />Now, if it were my book...and someone thought it was good enough to tag on to, I'd be flattered.Wilfred Bereswillhttps://www.blogger.com/profile/03019217952304685255noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-72675482789891407562009-05-19T08:36:00.000-04:002009-05-19T08:36:00.000-04:00I hate and despise fan fic, and although there are...I hate and despise fan fic, and although there are characters out there I love - other people's characters, I mean - that I wish I'd come up with, I wouldn't want to write about them. They belong to someone else. And I certainly wouldn't want anyone to write about my characters. If the fans keep them close to the originals, that's one thing, but all too often they don't, and just to mention one thing, the Harry Potter slash fic is just too uncomfortable for words.Jennahttps://www.blogger.com/profile/01442754671445893599noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-42588041295493033062009-05-19T07:48:00.000-04:002009-05-19T07:48:00.000-04:00I bet we could come up with a lot of stories told ...I bet we could come up with a lot of stories told from someone else's perspective -- but how would you feel if someone did that to one of your novels? Would you be irritated that you weren't getting any profit from it -- or flattered that you'd written such a compelling story that others don't want it to end?PatRemicknoreply@blogger.comtag:blogger.com,1999:blog-33226151.post-25873828606781764882009-05-19T07:29:00.000-04:002009-05-19T07:29:00.000-04:00I have no desire to read the Jane Austen zombie bo...I have no desire to read the Jane Austen zombie book, but that's mainly because I have no desire to read about zombies, period. <br /><br />If something is fresh and different and not merely a "retelling" of a previous book, I don't have a problem with it. Greg Maguire's books are very entertaining, and they give the reader a different perspective of the story. <br /><br />My kids had a book (I still have it on the shelf) when they were very young that's the story of the Three Little Pigs from the Wolf's perspective. Bet you didn't know the Wolf was framed.Joyce Tremelhttps://www.blogger.com/profile/00498392016497131719noreply@blogger.comtag:blogger.com,1999:blog-33226151.post-36029562075663367972009-05-19T06:51:00.000-04:002009-05-19T06:51:00.000-04:00Or, conversely, how do you create a novel that "su...Or, conversely, how do you create a novel that "sucks you in"?Torynoreply@blogger.comtag:blogger.com,1999:blog-33226151.post-47828108075307158552009-05-19T06:50:00.000-04:002009-05-19T06:50:00.000-04:00I think it's an illusion that creating a novel bas...I think it's an illusion that creating a novel based on someone else's characters and premise is easier than creating one yourself from scratch. I think it would be terribly hard to pull off . . .<br /><br />But then, I find the thinking up settings and premises to be the easy/ fun part. It's coming up with scene after scene that keeps the pace and doesn't drag that's the hard part . . .<br /><br />P.S. Word verfication is "suckin." I kid you not! In other words, how do you create a novel that doesn't suck?Torynoreply@blogger.com