How to tell readers your story is a re-imagination of a popular story?
If for example, I were to rewrite a story heavily inspired by Romeo and Juliet, but placed it in a complete different setting. Do you have to say it? Also, do you mention it in the title that's it's a reimagining, or would you put it in the preface. I see it a lot in movies, but sometimes, they don't put any disclaimer or anything, and sometimes it's in the title and sometimes it's not. Is there a guideline on how to inform your readers in an ethical way?
fiction legal ethics
add a comment |
If for example, I were to rewrite a story heavily inspired by Romeo and Juliet, but placed it in a complete different setting. Do you have to say it? Also, do you mention it in the title that's it's a reimagining, or would you put it in the preface. I see it a lot in movies, but sometimes, they don't put any disclaimer or anything, and sometimes it's in the title and sometimes it's not. Is there a guideline on how to inform your readers in an ethical way?
fiction legal ethics
1
The same... But very different? Can you clarify?
– NofP
12 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
1
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
1
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago
add a comment |
If for example, I were to rewrite a story heavily inspired by Romeo and Juliet, but placed it in a complete different setting. Do you have to say it? Also, do you mention it in the title that's it's a reimagining, or would you put it in the preface. I see it a lot in movies, but sometimes, they don't put any disclaimer or anything, and sometimes it's in the title and sometimes it's not. Is there a guideline on how to inform your readers in an ethical way?
fiction legal ethics
If for example, I were to rewrite a story heavily inspired by Romeo and Juliet, but placed it in a complete different setting. Do you have to say it? Also, do you mention it in the title that's it's a reimagining, or would you put it in the preface. I see it a lot in movies, but sometimes, they don't put any disclaimer or anything, and sometimes it's in the title and sometimes it's not. Is there a guideline on how to inform your readers in an ethical way?
fiction legal ethics
fiction legal ethics
edited 10 hours ago
Cyn
10.3k12051
10.3k12051
asked 12 hours ago
repomonsterrepomonster
651315
651315
1
The same... But very different? Can you clarify?
– NofP
12 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
1
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
1
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago
add a comment |
1
The same... But very different? Can you clarify?
– NofP
12 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
1
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
1
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago
1
1
The same... But very different? Can you clarify?
– NofP
12 hours ago
The same... But very different? Can you clarify?
– NofP
12 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
1
1
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
1
1
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago
add a comment |
4 Answers
4
active
oldest
votes
Romeo and Juliet is in the public domain. And it's not even the source material - Shakespeare borrowed the story from somewhere else, (Pyramus and Thysbe is one very similar story, and Ovid didn't invent it either) and retold it in the form of the famous play. That means you're free to rework the source material.
The same is true of common fairy tales, and for works that are in fact original, but already in the public domain. For example, Rudyard Kipling's The Jungle Book recently got retold by Neil Gaiman as The Graveyard Book. No mentions of the original - it's for the reader to figure it out. (Technically, he mentioned it in the Acknowledgements section, but that's not a legal requirement).
Retellings of older stories are common enough, and fall within the realm of intertextuality. That's when there is a strong relationship between two texts, and the latter is better understood in light of the former.
If you feel strongly that you should acknowledge the influence of another work on yours, you can always mention it in the Acknowledgement section in the end. But I do not recall James Joyce, for example, formally acknowledging that Ulysses is strongly connected to the Iliad. He expected readers to be smart enough to figure that out by themselves (from the title, for one thing).
Not that all this is only true for works that are in the public domain. If a work is not yet in the public domain, you can expect to beet accusations of plagiarism.
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
add a comment |
If your inspiration story is in the public domain (which all of Shakespeare is), you have no legal obligation to disclose your source material. Though with Shakespeare, people will of course figure it out.
The musical West Side Story is a well-known retelling of Romeo and Juliet. It was in fact pitched to producers as such and of course all the reviews mention it.
West Side Story is a musical with book by Arthur Laurents, music by
Leonard Bernstein and lyrics by Stephen Sondheim. It was inspired by
William Shakespeare's play Romeo and Juliet. (ref)
A 1961 movie poster doesn't mention R&J though (I can't read the fine print so maybe it's there).
If your inspiration story is not in the public domain, then you need permission from the copyright holders before you proceed. If they grant it, they will advise you on how to cite.
But what if your inspiration story is in the public domain but obscure? I would put it in the acknowledgments, if not the title page.
And if the story is not public domain but your inspiration is slight? That's the trickier one. The answer is "it depends." But err on the side of caution and get permission. Or change your story even more.
add a comment |
I would suggest you read this link (with actual lawyers responding).
Basically if you are not infringing on a copyright, you don't have to say anything. Your example of Romeo and Juliet is in the public domain; but for other works you MIGHT be infringing on a copyright. Here is the part of the 2nd answer at the link which provides detail:
By Pamela Koslyn, intellectual property rights attorney: Copyright infringement is a difficult concept and not easily explained in a forum like Avvo. Basically, courts will look at the total look and feel of two works, and compare how "substantially similar" they are. The entire work is considered, but its unprotectable elements get disregarded. Disregarded elements include themes, ideas, facts, and obligatory to the genre or cliche scenes , called "scenes a faire," such as doomed young lovers, with a scene of angry parents forbidding the love. The original creative elements, such as tone, setting, dialogue, characters, pace, etc. etc. are compared point by point, and if enough of them align, there's infringment, especially if you can also show access to the work. Where access is obvious because, in your example, "Harry Potter" is a famous published work, then the standards for similarity are lower, and where the access is questionable, more similarity is required to find infringement.
Plot points, or "beats" in tv-speak, are among the creative elements that can be infringed, so it's not true that plots aren't part of a what's protected in a work's copyright. [... more material by Ms. Koslyn clipped for brevity ...]
Ms. Koslyn's Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
add a comment |
As long as you're not committing flatout plagiarism, it's not strictly unethical to write a story that is inspired entirely or in part by another work.
It's no secret that character of Sherlock Holmes was influenced by Edger Allen Poe's C. Auguste Dupin. In fact if you read Scandal in Bohemia, you can see the similarities between Doyle's story and The Purloined Letter, which was published much earlier.
Using your example, Shakespearean works have inspired countless works.
Forbidden Planet - The Tempest.
The Lion King - Hamlet
A major storyline in Gargoyles was based on a reimagining of Macbeth.
No one flatout said The Lion King was inspired by Hamlet. But the story is still there and it's not a stretch to see where the inspiration came from.
New contributor
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
add a comment |
Your Answer
StackExchange.ready(function() {
var channelOptions = {
tags: "".split(" "),
id: "166"
};
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function() {
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled) {
StackExchange.using("snippets", function() {
createEditor();
});
}
else {
createEditor();
}
});
function createEditor() {
StackExchange.prepareEditor({
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader: {
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
},
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
});
}
});
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fwriting.stackexchange.com%2fquestions%2f42288%2fhow-to-tell-readers-your-story-is-a-re-imagination-of-a-popular-story%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
4 Answers
4
active
oldest
votes
4 Answers
4
active
oldest
votes
active
oldest
votes
active
oldest
votes
Romeo and Juliet is in the public domain. And it's not even the source material - Shakespeare borrowed the story from somewhere else, (Pyramus and Thysbe is one very similar story, and Ovid didn't invent it either) and retold it in the form of the famous play. That means you're free to rework the source material.
The same is true of common fairy tales, and for works that are in fact original, but already in the public domain. For example, Rudyard Kipling's The Jungle Book recently got retold by Neil Gaiman as The Graveyard Book. No mentions of the original - it's for the reader to figure it out. (Technically, he mentioned it in the Acknowledgements section, but that's not a legal requirement).
Retellings of older stories are common enough, and fall within the realm of intertextuality. That's when there is a strong relationship between two texts, and the latter is better understood in light of the former.
If you feel strongly that you should acknowledge the influence of another work on yours, you can always mention it in the Acknowledgement section in the end. But I do not recall James Joyce, for example, formally acknowledging that Ulysses is strongly connected to the Iliad. He expected readers to be smart enough to figure that out by themselves (from the title, for one thing).
Not that all this is only true for works that are in the public domain. If a work is not yet in the public domain, you can expect to beet accusations of plagiarism.
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
add a comment |
Romeo and Juliet is in the public domain. And it's not even the source material - Shakespeare borrowed the story from somewhere else, (Pyramus and Thysbe is one very similar story, and Ovid didn't invent it either) and retold it in the form of the famous play. That means you're free to rework the source material.
The same is true of common fairy tales, and for works that are in fact original, but already in the public domain. For example, Rudyard Kipling's The Jungle Book recently got retold by Neil Gaiman as The Graveyard Book. No mentions of the original - it's for the reader to figure it out. (Technically, he mentioned it in the Acknowledgements section, but that's not a legal requirement).
Retellings of older stories are common enough, and fall within the realm of intertextuality. That's when there is a strong relationship between two texts, and the latter is better understood in light of the former.
If you feel strongly that you should acknowledge the influence of another work on yours, you can always mention it in the Acknowledgement section in the end. But I do not recall James Joyce, for example, formally acknowledging that Ulysses is strongly connected to the Iliad. He expected readers to be smart enough to figure that out by themselves (from the title, for one thing).
Not that all this is only true for works that are in the public domain. If a work is not yet in the public domain, you can expect to beet accusations of plagiarism.
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
add a comment |
Romeo and Juliet is in the public domain. And it's not even the source material - Shakespeare borrowed the story from somewhere else, (Pyramus and Thysbe is one very similar story, and Ovid didn't invent it either) and retold it in the form of the famous play. That means you're free to rework the source material.
The same is true of common fairy tales, and for works that are in fact original, but already in the public domain. For example, Rudyard Kipling's The Jungle Book recently got retold by Neil Gaiman as The Graveyard Book. No mentions of the original - it's for the reader to figure it out. (Technically, he mentioned it in the Acknowledgements section, but that's not a legal requirement).
Retellings of older stories are common enough, and fall within the realm of intertextuality. That's when there is a strong relationship between two texts, and the latter is better understood in light of the former.
If you feel strongly that you should acknowledge the influence of another work on yours, you can always mention it in the Acknowledgement section in the end. But I do not recall James Joyce, for example, formally acknowledging that Ulysses is strongly connected to the Iliad. He expected readers to be smart enough to figure that out by themselves (from the title, for one thing).
Not that all this is only true for works that are in the public domain. If a work is not yet in the public domain, you can expect to beet accusations of plagiarism.
Romeo and Juliet is in the public domain. And it's not even the source material - Shakespeare borrowed the story from somewhere else, (Pyramus and Thysbe is one very similar story, and Ovid didn't invent it either) and retold it in the form of the famous play. That means you're free to rework the source material.
The same is true of common fairy tales, and for works that are in fact original, but already in the public domain. For example, Rudyard Kipling's The Jungle Book recently got retold by Neil Gaiman as The Graveyard Book. No mentions of the original - it's for the reader to figure it out. (Technically, he mentioned it in the Acknowledgements section, but that's not a legal requirement).
Retellings of older stories are common enough, and fall within the realm of intertextuality. That's when there is a strong relationship between two texts, and the latter is better understood in light of the former.
If you feel strongly that you should acknowledge the influence of another work on yours, you can always mention it in the Acknowledgement section in the end. But I do not recall James Joyce, for example, formally acknowledging that Ulysses is strongly connected to the Iliad. He expected readers to be smart enough to figure that out by themselves (from the title, for one thing).
Not that all this is only true for works that are in the public domain. If a work is not yet in the public domain, you can expect to beet accusations of plagiarism.
answered 10 hours ago
GalastelGalastel
31.6k589169
31.6k589169
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
add a comment |
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
1
1
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
Plagiarism (the uncredited use of someone else's work) is not illegal, and applies to public domain works and Copyrighted works equally. Accusations of infringement are specific to Copyrighted works.
– ikegami
2 hours ago
add a comment |
If your inspiration story is in the public domain (which all of Shakespeare is), you have no legal obligation to disclose your source material. Though with Shakespeare, people will of course figure it out.
The musical West Side Story is a well-known retelling of Romeo and Juliet. It was in fact pitched to producers as such and of course all the reviews mention it.
West Side Story is a musical with book by Arthur Laurents, music by
Leonard Bernstein and lyrics by Stephen Sondheim. It was inspired by
William Shakespeare's play Romeo and Juliet. (ref)
A 1961 movie poster doesn't mention R&J though (I can't read the fine print so maybe it's there).
If your inspiration story is not in the public domain, then you need permission from the copyright holders before you proceed. If they grant it, they will advise you on how to cite.
But what if your inspiration story is in the public domain but obscure? I would put it in the acknowledgments, if not the title page.
And if the story is not public domain but your inspiration is slight? That's the trickier one. The answer is "it depends." But err on the side of caution and get permission. Or change your story even more.
add a comment |
If your inspiration story is in the public domain (which all of Shakespeare is), you have no legal obligation to disclose your source material. Though with Shakespeare, people will of course figure it out.
The musical West Side Story is a well-known retelling of Romeo and Juliet. It was in fact pitched to producers as such and of course all the reviews mention it.
West Side Story is a musical with book by Arthur Laurents, music by
Leonard Bernstein and lyrics by Stephen Sondheim. It was inspired by
William Shakespeare's play Romeo and Juliet. (ref)
A 1961 movie poster doesn't mention R&J though (I can't read the fine print so maybe it's there).
If your inspiration story is not in the public domain, then you need permission from the copyright holders before you proceed. If they grant it, they will advise you on how to cite.
But what if your inspiration story is in the public domain but obscure? I would put it in the acknowledgments, if not the title page.
And if the story is not public domain but your inspiration is slight? That's the trickier one. The answer is "it depends." But err on the side of caution and get permission. Or change your story even more.
add a comment |
If your inspiration story is in the public domain (which all of Shakespeare is), you have no legal obligation to disclose your source material. Though with Shakespeare, people will of course figure it out.
The musical West Side Story is a well-known retelling of Romeo and Juliet. It was in fact pitched to producers as such and of course all the reviews mention it.
West Side Story is a musical with book by Arthur Laurents, music by
Leonard Bernstein and lyrics by Stephen Sondheim. It was inspired by
William Shakespeare's play Romeo and Juliet. (ref)
A 1961 movie poster doesn't mention R&J though (I can't read the fine print so maybe it's there).
If your inspiration story is not in the public domain, then you need permission from the copyright holders before you proceed. If they grant it, they will advise you on how to cite.
But what if your inspiration story is in the public domain but obscure? I would put it in the acknowledgments, if not the title page.
And if the story is not public domain but your inspiration is slight? That's the trickier one. The answer is "it depends." But err on the side of caution and get permission. Or change your story even more.
If your inspiration story is in the public domain (which all of Shakespeare is), you have no legal obligation to disclose your source material. Though with Shakespeare, people will of course figure it out.
The musical West Side Story is a well-known retelling of Romeo and Juliet. It was in fact pitched to producers as such and of course all the reviews mention it.
West Side Story is a musical with book by Arthur Laurents, music by
Leonard Bernstein and lyrics by Stephen Sondheim. It was inspired by
William Shakespeare's play Romeo and Juliet. (ref)
A 1961 movie poster doesn't mention R&J though (I can't read the fine print so maybe it's there).
If your inspiration story is not in the public domain, then you need permission from the copyright holders before you proceed. If they grant it, they will advise you on how to cite.
But what if your inspiration story is in the public domain but obscure? I would put it in the acknowledgments, if not the title page.
And if the story is not public domain but your inspiration is slight? That's the trickier one. The answer is "it depends." But err on the side of caution and get permission. Or change your story even more.
answered 10 hours ago
CynCyn
10.3k12051
10.3k12051
add a comment |
add a comment |
I would suggest you read this link (with actual lawyers responding).
Basically if you are not infringing on a copyright, you don't have to say anything. Your example of Romeo and Juliet is in the public domain; but for other works you MIGHT be infringing on a copyright. Here is the part of the 2nd answer at the link which provides detail:
By Pamela Koslyn, intellectual property rights attorney: Copyright infringement is a difficult concept and not easily explained in a forum like Avvo. Basically, courts will look at the total look and feel of two works, and compare how "substantially similar" they are. The entire work is considered, but its unprotectable elements get disregarded. Disregarded elements include themes, ideas, facts, and obligatory to the genre or cliche scenes , called "scenes a faire," such as doomed young lovers, with a scene of angry parents forbidding the love. The original creative elements, such as tone, setting, dialogue, characters, pace, etc. etc. are compared point by point, and if enough of them align, there's infringment, especially if you can also show access to the work. Where access is obvious because, in your example, "Harry Potter" is a famous published work, then the standards for similarity are lower, and where the access is questionable, more similarity is required to find infringement.
Plot points, or "beats" in tv-speak, are among the creative elements that can be infringed, so it's not true that plots aren't part of a what's protected in a work's copyright. [... more material by Ms. Koslyn clipped for brevity ...]
Ms. Koslyn's Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
add a comment |
I would suggest you read this link (with actual lawyers responding).
Basically if you are not infringing on a copyright, you don't have to say anything. Your example of Romeo and Juliet is in the public domain; but for other works you MIGHT be infringing on a copyright. Here is the part of the 2nd answer at the link which provides detail:
By Pamela Koslyn, intellectual property rights attorney: Copyright infringement is a difficult concept and not easily explained in a forum like Avvo. Basically, courts will look at the total look and feel of two works, and compare how "substantially similar" they are. The entire work is considered, but its unprotectable elements get disregarded. Disregarded elements include themes, ideas, facts, and obligatory to the genre or cliche scenes , called "scenes a faire," such as doomed young lovers, with a scene of angry parents forbidding the love. The original creative elements, such as tone, setting, dialogue, characters, pace, etc. etc. are compared point by point, and if enough of them align, there's infringment, especially if you can also show access to the work. Where access is obvious because, in your example, "Harry Potter" is a famous published work, then the standards for similarity are lower, and where the access is questionable, more similarity is required to find infringement.
Plot points, or "beats" in tv-speak, are among the creative elements that can be infringed, so it's not true that plots aren't part of a what's protected in a work's copyright. [... more material by Ms. Koslyn clipped for brevity ...]
Ms. Koslyn's Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
add a comment |
I would suggest you read this link (with actual lawyers responding).
Basically if you are not infringing on a copyright, you don't have to say anything. Your example of Romeo and Juliet is in the public domain; but for other works you MIGHT be infringing on a copyright. Here is the part of the 2nd answer at the link which provides detail:
By Pamela Koslyn, intellectual property rights attorney: Copyright infringement is a difficult concept and not easily explained in a forum like Avvo. Basically, courts will look at the total look and feel of two works, and compare how "substantially similar" they are. The entire work is considered, but its unprotectable elements get disregarded. Disregarded elements include themes, ideas, facts, and obligatory to the genre or cliche scenes , called "scenes a faire," such as doomed young lovers, with a scene of angry parents forbidding the love. The original creative elements, such as tone, setting, dialogue, characters, pace, etc. etc. are compared point by point, and if enough of them align, there's infringment, especially if you can also show access to the work. Where access is obvious because, in your example, "Harry Potter" is a famous published work, then the standards for similarity are lower, and where the access is questionable, more similarity is required to find infringement.
Plot points, or "beats" in tv-speak, are among the creative elements that can be infringed, so it's not true that plots aren't part of a what's protected in a work's copyright. [... more material by Ms. Koslyn clipped for brevity ...]
Ms. Koslyn's Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I would suggest you read this link (with actual lawyers responding).
Basically if you are not infringing on a copyright, you don't have to say anything. Your example of Romeo and Juliet is in the public domain; but for other works you MIGHT be infringing on a copyright. Here is the part of the 2nd answer at the link which provides detail:
By Pamela Koslyn, intellectual property rights attorney: Copyright infringement is a difficult concept and not easily explained in a forum like Avvo. Basically, courts will look at the total look and feel of two works, and compare how "substantially similar" they are. The entire work is considered, but its unprotectable elements get disregarded. Disregarded elements include themes, ideas, facts, and obligatory to the genre or cliche scenes , called "scenes a faire," such as doomed young lovers, with a scene of angry parents forbidding the love. The original creative elements, such as tone, setting, dialogue, characters, pace, etc. etc. are compared point by point, and if enough of them align, there's infringment, especially if you can also show access to the work. Where access is obvious because, in your example, "Harry Potter" is a famous published work, then the standards for similarity are lower, and where the access is questionable, more similarity is required to find infringement.
Plot points, or "beats" in tv-speak, are among the creative elements that can be infringed, so it's not true that plots aren't part of a what's protected in a work's copyright. [... more material by Ms. Koslyn clipped for brevity ...]
Ms. Koslyn's Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
answered 9 hours ago
AmadeusAmadeus
50.4k462160
50.4k462160
add a comment |
add a comment |
As long as you're not committing flatout plagiarism, it's not strictly unethical to write a story that is inspired entirely or in part by another work.
It's no secret that character of Sherlock Holmes was influenced by Edger Allen Poe's C. Auguste Dupin. In fact if you read Scandal in Bohemia, you can see the similarities between Doyle's story and The Purloined Letter, which was published much earlier.
Using your example, Shakespearean works have inspired countless works.
Forbidden Planet - The Tempest.
The Lion King - Hamlet
A major storyline in Gargoyles was based on a reimagining of Macbeth.
No one flatout said The Lion King was inspired by Hamlet. But the story is still there and it's not a stretch to see where the inspiration came from.
New contributor
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
add a comment |
As long as you're not committing flatout plagiarism, it's not strictly unethical to write a story that is inspired entirely or in part by another work.
It's no secret that character of Sherlock Holmes was influenced by Edger Allen Poe's C. Auguste Dupin. In fact if you read Scandal in Bohemia, you can see the similarities between Doyle's story and The Purloined Letter, which was published much earlier.
Using your example, Shakespearean works have inspired countless works.
Forbidden Planet - The Tempest.
The Lion King - Hamlet
A major storyline in Gargoyles was based on a reimagining of Macbeth.
No one flatout said The Lion King was inspired by Hamlet. But the story is still there and it's not a stretch to see where the inspiration came from.
New contributor
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
add a comment |
As long as you're not committing flatout plagiarism, it's not strictly unethical to write a story that is inspired entirely or in part by another work.
It's no secret that character of Sherlock Holmes was influenced by Edger Allen Poe's C. Auguste Dupin. In fact if you read Scandal in Bohemia, you can see the similarities between Doyle's story and The Purloined Letter, which was published much earlier.
Using your example, Shakespearean works have inspired countless works.
Forbidden Planet - The Tempest.
The Lion King - Hamlet
A major storyline in Gargoyles was based on a reimagining of Macbeth.
No one flatout said The Lion King was inspired by Hamlet. But the story is still there and it's not a stretch to see where the inspiration came from.
New contributor
As long as you're not committing flatout plagiarism, it's not strictly unethical to write a story that is inspired entirely or in part by another work.
It's no secret that character of Sherlock Holmes was influenced by Edger Allen Poe's C. Auguste Dupin. In fact if you read Scandal in Bohemia, you can see the similarities between Doyle's story and The Purloined Letter, which was published much earlier.
Using your example, Shakespearean works have inspired countless works.
Forbidden Planet - The Tempest.
The Lion King - Hamlet
A major storyline in Gargoyles was based on a reimagining of Macbeth.
No one flatout said The Lion King was inspired by Hamlet. But the story is still there and it's not a stretch to see where the inspiration came from.
New contributor
New contributor
answered 9 hours ago
TheWolfEmperorTheWolfEmperor
212
212
New contributor
New contributor
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
add a comment |
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
2
2
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
However, there are people who flat-out say that The Lion King was stolen from a Japanese anime, and quite a few more who don't flat-out say it, but do suggest that the two works are eerily similar.
– EvilSnack
6 hours ago
add a comment |
Thanks for contributing an answer to Writing Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fwriting.stackexchange.com%2fquestions%2f42288%2fhow-to-tell-readers-your-story-is-a-re-imagination-of-a-popular-story%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
1
The same... But very different? Can you clarify?
– NofP
12 hours ago
This is a very broad and vague question - please clarify.
– Rasdashan
11 hours ago
1
Write this in your query letter. Your literary agent may be interested in this information.
– Double U
10 hours ago
1
Please wait a day or two before accepting a best answer. The goal here is to get as many answers as possible but many people will not bother if a best answer was already chosen. Galastel's answer is very good and you might choose it as best later on. But it's really unfair to accept a best answer when people are in the middle of writing their own, or for people who haven't even seen your question yet.
– Cyn
10 hours ago
Can you clarify - is hour concern legal/"looking bad" (you borrowed and didn't acknowledge), or informative (you want the reader to be aware of, or consider, the story in its context, as well as being a story in its own right)
– Stilez
7 hours ago