How different does a retelling have to be in order to publish it even if the original story is not yet in the...
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7
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I wrote a 101 Dalmatians retelling, and as far as I know from the research I have done, 101 Dalmatians is not yet part of the public domain. But my retelling is almost completely different from the original; the only similarities are the names and the fact that I make a few references to the original story and how it's generally told. But the roles of the characters have been switched and the point of the retelling is to show it from a different perspective. The narrator states that the way the story has been told is completely wrong, but even when referencing the original, I don't use the title of the book. Does it seem different enough for me to publish? Sorry if this is lacking information, but I'm trying to be as ambiguous about the story as I can while still giving necessary info for an answer...
creative-writing fiction publishing
asked Nov 12 at 20:41
Shae-z
364
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add a comment |
up vote
7
down vote
favorite
I wrote a 101 Dalmatians retelling, and as far as I know from the research I have done, 101 Dalmatians is not yet part of the public domain. But my retelling is almost completely different from the original; the only similarities are the names and the fact that I make a few references to the original story and how it's generally told. But the roles of the characters have been switched and the point of the retelling is to show it from a different perspective. The narrator states that the way the story has been told is completely wrong, but even when referencing the original, I don't use the title of the book. Does it seem different enough for me to publish? Sorry if this is lacking information, but I'm trying to be as ambiguous about the story as I can while still giving necessary info for an answer...
creative-writing fiction publishing
asked Nov 12 at 20:41
Shae-z
364
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Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
2
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35
add a comment |
up vote
7
down vote
favorite
up vote
7
down vote
favorite
I wrote a 101 Dalmatians retelling, and as far as I know from the research I have done, 101 Dalmatians is not yet part of the public domain. But my retelling is almost completely different from the original; the only similarities are the names and the fact that I make a few references to the original story and how it's generally told. But the roles of the characters have been switched and the point of the retelling is to show it from a different perspective. The narrator states that the way the story has been told is completely wrong, but even when referencing the original, I don't use the title of the book. Does it seem different enough for me to publish? Sorry if this is lacking information, but I'm trying to be as ambiguous about the story as I can while still giving necessary info for an answer...
creative-writing fiction publishing
asked Nov 12 at 20:41
Shae-z
364
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I wrote a 101 Dalmatians retelling, and as far as I know from the research I have done, 101 Dalmatians is not yet part of the public domain. But my retelling is almost completely different from the original; the only similarities are the names and the fact that I make a few references to the original story and how it's generally told. But the roles of the characters have been switched and the point of the retelling is to show it from a different perspective. The narrator states that the way the story has been told is completely wrong, but even when referencing the original, I don't use the title of the book. Does it seem different enough for me to publish? Sorry if this is lacking information, but I'm trying to be as ambiguous about the story as I can while still giving necessary info for an answer...
creative-writing fiction publishing
creative-writing fiction publishing
asked Nov 12 at 20:41
Shae-z
364
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Nov 12 at 20:41
Shae-z
364
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Nov 12 at 20:41
Shae-z
364
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Nov 12 at 20:41
Shae-z
364
asked Nov 12 at 20:41
Shae-z
364
364
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Shae-z is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
2
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35
add a comment |
If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
2
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35
If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
2
2
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35
add a comment |
2 Answers
2
active
oldest
votes
up vote
14
down vote
In general, fictional characters are copyright protected. You can't publish a story where Cruella De Vil opens an animal shelter, for example. It doesn't really matter what the work is about, you can't take someone else's well-defined creation of the character's name, description, and demeanor, and use it as your own. You would be leveraging someone else's intellectual property to publicize your own work.
https://corporate.findlaw.com/intellectual-property/protection-of-fictional-characters.html
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
add a comment |
up vote
3
down vote
People retell stories all the time. The question is, are you retelling the story, or reusing the world? You generally can't reuse the world (although there are cases that have been successful, like Alice Randall's The Wind Done Gone). But there's little that can stop you from retelling the story.
Note that the history of The Wind Done Gone is very relevant to you as you seem to be reusing someone else's world rather than just retelling the story. People do get finicky about that.
One of my favorite examples, though movies, is Robert Redford's The Natural, which is a retelling of Abbott and Wallop's Damn Yankees, which is itself a retelling of Faust.
And if you really want some fun, see the pedigree of modern stories like The Terminator in answers to a question of mine over at SciFi.SE.
The one thing you should have going for you is your retelling is original in that people could recognize its antecedents, but the story stands completely on its own.
The one thing really against you starts with a statement my retired attorney father was fond of saying: anyone can sue for anything at any time. You could have picked an easier antecedent. Disney is very big with a lot of laywers... and they tend to fight for what they perceive is their property.
Which would be more than hypocritical since pretty much every story/movie they've ever made was a retelling of another story. Take, for convenient example, 101 Dalmatians, which was a movie based on the book One Hundred and One Dalmatians by Dodie Smith.
I wonder who actually has the copyright to the original story?
answered Nov 13 at 5:49
JBH
502114
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
add a comment |
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
14
down vote
In general, fictional characters are copyright protected. You can't publish a story where Cruella De Vil opens an animal shelter, for example. It doesn't really matter what the work is about, you can't take someone else's well-defined creation of the character's name, description, and demeanor, and use it as your own. You would be leveraging someone else's intellectual property to publicize your own work.
https://corporate.findlaw.com/intellectual-property/protection-of-fictional-characters.html
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
add a comment |
up vote
14
down vote
In general, fictional characters are copyright protected. You can't publish a story where Cruella De Vil opens an animal shelter, for example. It doesn't really matter what the work is about, you can't take someone else's well-defined creation of the character's name, description, and demeanor, and use it as your own. You would be leveraging someone else's intellectual property to publicize your own work.
https://corporate.findlaw.com/intellectual-property/protection-of-fictional-characters.html
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
add a comment |
up vote
14
down vote
up vote
14
down vote
In general, fictional characters are copyright protected. You can't publish a story where Cruella De Vil opens an animal shelter, for example. It doesn't really matter what the work is about, you can't take someone else's well-defined creation of the character's name, description, and demeanor, and use it as your own. You would be leveraging someone else's intellectual property to publicize your own work.
https://corporate.findlaw.com/intellectual-property/protection-of-fictional-characters.html
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
In general, fictional characters are copyright protected. You can't publish a story where Cruella De Vil opens an animal shelter, for example. It doesn't really matter what the work is about, you can't take someone else's well-defined creation of the character's name, description, and demeanor, and use it as your own. You would be leveraging someone else's intellectual property to publicize your own work.
https://corporate.findlaw.com/intellectual-property/protection-of-fictional-characters.html
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited Nov 13 at 0:31
answered Nov 12 at 20:57
Nuclear Wang
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered Nov 12 at 20:57
Nuclear Wang
24116
answered Nov 12 at 20:57
Nuclear Wang
24116
24116
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Nuclear Wang is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
add a comment |
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
2
2
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
Points, this would be my own answer. You just can't get around it, you probably cannot even write a story about "101 Dalmatians". I hope the writing was entertaining for you. You might be able to rewrite in a way that doesn't use the names, and makes the heroes and villains significantly different from the original, but I don't think you will be able to sell or market a "retelling" of 101 Dalmatians without the copyright owners giving you permission (or suing you to the rafters). And why would they give permission, if your version dilutes their heroes and villains?
– Amadeus
Nov 12 at 21:11
5
5
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
There is, however, an exception for "parody" so if the retelling is sufficiently disrespectful and mocking of the original and its author you can get away with it, or at least win the lawsuits.
– Perkins
Nov 12 at 23:04
2
2
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
Call it "101 Other Dalmatians."
– Beanluc
Nov 13 at 0:52
add a comment |
up vote
3
down vote
People retell stories all the time. The question is, are you retelling the story, or reusing the world? You generally can't reuse the world (although there are cases that have been successful, like Alice Randall's The Wind Done Gone). But there's little that can stop you from retelling the story.
Note that the history of The Wind Done Gone is very relevant to you as you seem to be reusing someone else's world rather than just retelling the story. People do get finicky about that.
One of my favorite examples, though movies, is Robert Redford's The Natural, which is a retelling of Abbott and Wallop's Damn Yankees, which is itself a retelling of Faust.
And if you really want some fun, see the pedigree of modern stories like The Terminator in answers to a question of mine over at SciFi.SE.
The one thing you should have going for you is your retelling is original in that people could recognize its antecedents, but the story stands completely on its own.
The one thing really against you starts with a statement my retired attorney father was fond of saying: anyone can sue for anything at any time. You could have picked an easier antecedent. Disney is very big with a lot of laywers... and they tend to fight for what they perceive is their property.
Which would be more than hypocritical since pretty much every story/movie they've ever made was a retelling of another story. Take, for convenient example, 101 Dalmatians, which was a movie based on the book One Hundred and One Dalmatians by Dodie Smith.
I wonder who actually has the copyright to the original story?
answered Nov 13 at 5:49
JBH
502114
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
add a comment |
up vote
3
down vote
People retell stories all the time. The question is, are you retelling the story, or reusing the world? You generally can't reuse the world (although there are cases that have been successful, like Alice Randall's The Wind Done Gone). But there's little that can stop you from retelling the story.
Note that the history of The Wind Done Gone is very relevant to you as you seem to be reusing someone else's world rather than just retelling the story. People do get finicky about that.
One of my favorite examples, though movies, is Robert Redford's The Natural, which is a retelling of Abbott and Wallop's Damn Yankees, which is itself a retelling of Faust.
And if you really want some fun, see the pedigree of modern stories like The Terminator in answers to a question of mine over at SciFi.SE.
The one thing you should have going for you is your retelling is original in that people could recognize its antecedents, but the story stands completely on its own.
The one thing really against you starts with a statement my retired attorney father was fond of saying: anyone can sue for anything at any time. You could have picked an easier antecedent. Disney is very big with a lot of laywers... and they tend to fight for what they perceive is their property.
Which would be more than hypocritical since pretty much every story/movie they've ever made was a retelling of another story. Take, for convenient example, 101 Dalmatians, which was a movie based on the book One Hundred and One Dalmatians by Dodie Smith.
I wonder who actually has the copyright to the original story?
answered Nov 13 at 5:49
JBH
502114
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
add a comment |
up vote
3
down vote
up vote
3
down vote
People retell stories all the time. The question is, are you retelling the story, or reusing the world? You generally can't reuse the world (although there are cases that have been successful, like Alice Randall's The Wind Done Gone). But there's little that can stop you from retelling the story.
Note that the history of The Wind Done Gone is very relevant to you as you seem to be reusing someone else's world rather than just retelling the story. People do get finicky about that.
One of my favorite examples, though movies, is Robert Redford's The Natural, which is a retelling of Abbott and Wallop's Damn Yankees, which is itself a retelling of Faust.
And if you really want some fun, see the pedigree of modern stories like The Terminator in answers to a question of mine over at SciFi.SE.
The one thing you should have going for you is your retelling is original in that people could recognize its antecedents, but the story stands completely on its own.
The one thing really against you starts with a statement my retired attorney father was fond of saying: anyone can sue for anything at any time. You could have picked an easier antecedent. Disney is very big with a lot of laywers... and they tend to fight for what they perceive is their property.
Which would be more than hypocritical since pretty much every story/movie they've ever made was a retelling of another story. Take, for convenient example, 101 Dalmatians, which was a movie based on the book One Hundred and One Dalmatians by Dodie Smith.
I wonder who actually has the copyright to the original story?
answered Nov 13 at 5:49
JBH
502114
People retell stories all the time. The question is, are you retelling the story, or reusing the world? You generally can't reuse the world (although there are cases that have been successful, like Alice Randall's The Wind Done Gone). But there's little that can stop you from retelling the story.
Note that the history of The Wind Done Gone is very relevant to you as you seem to be reusing someone else's world rather than just retelling the story. People do get finicky about that.
One of my favorite examples, though movies, is Robert Redford's The Natural, which is a retelling of Abbott and Wallop's Damn Yankees, which is itself a retelling of Faust.
And if you really want some fun, see the pedigree of modern stories like The Terminator in answers to a question of mine over at SciFi.SE.
The one thing you should have going for you is your retelling is original in that people could recognize its antecedents, but the story stands completely on its own.
The one thing really against you starts with a statement my retired attorney father was fond of saying: anyone can sue for anything at any time. You could have picked an easier antecedent. Disney is very big with a lot of laywers... and they tend to fight for what they perceive is their property.
Which would be more than hypocritical since pretty much every story/movie they've ever made was a retelling of another story. Take, for convenient example, 101 Dalmatians, which was a movie based on the book One Hundred and One Dalmatians by Dodie Smith.
I wonder who actually has the copyright to the original story?
answered Nov 13 at 5:49
JBH
502114
answered Nov 13 at 5:49
JBH
502114
answered Nov 13 at 5:49
JBH
502114
answered Nov 13 at 5:49
JBH
502114
502114
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
add a comment |
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
Not sure The Wind Done Gone is a great example of success - the author got sued by the copyright holder, spent a year in court, and finally settled for an undisclosed sum. We don't know who the courts would have sided with.
– Nuclear Wang
Nov 13 at 13:54
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
@NuclearWang, Actually, I should have made that more clear. Though the book's use of another author's world was technically a success in that the book was allowed to continue publication, you are most certainly correct that it's a failure in that the author was, indeed sued and "lost" in terms of having to pay a penalty. Perhaps worst of all, the avoidance of a court judgment means there's no case law either way to clarify the issue. Thus, the reason I included the anecdote about my father.
– JBH
Nov 13 at 14:10
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If you can track down the copyright owner, you may be able to license it in some way.
– Walt
Nov 12 at 23:00
2
"how different" may equate to simply "how aggressive is the copyright holder's lawyer".
– mickeyf
Nov 13 at 3:13
@mickeyf In this case, aggressive enough that you might want to be careful about calling yourself "Mickey" where they might be listening.
– Ray
Nov 13 at 4:05
It's worth noting that Disney has, in many cases, written or rewritten the law on copyright themselves (via lobbyists) in order to more aggressively protect their characters.
– Chris Sunami
Nov 13 at 14:35