Article: Why I read Blyton to my Children, by Suzy Howlett

[sixret]

Precisely, Julie!

You can’t write Conan Doyle as a character in your fiction without the permission from his family, for example.

[Boatbuilder]

I would have though some sort of disclaimer in the book stating that the events portrayed in it are purely fictitious, would overcome that. There are many books with similar disclaimers included. After all, there must have been more than one 'Conan Doyle' in existence over the years.

[sixret]

http://helensedwick.com/how-to-use-real ... r-writing/" onclick="window.open(this.href);return false;

http://writersweekly.com/angela-desk/ca ... eppers-com" onclick="window.open(this.href);return false;

http://www.rightsofwriters.com/2011/04/ ... can-i.html" onclick="window.open(this.href);return false;

http://www.copylaw.com/new_articles/rea ... ction.html" onclick="window.open(this.href);return false;

These articles may answer some of the questions if not all.

[Rob Houghton]

I'm not sure you could write about a real person, actually. That's why some books say that the characters are purely fictitious and don't refer to anyone etc. Otherwise the family of the person you're writing about, even if they have passed on, could sue you.

Yes, I read something about that yesterday, but unfortunately I no longer have the link. It was talking about Sherlock Holmes, who is now out of copyright, so anyone can write about him - hence all the modern versions on TV etc - but it said that although you could write about Sherlock Holmes and Watson, you couldn't have a character called Arthur Conan Doyle come into the story without breaching copyright laws. Not sure why, and I wish I could find the link!

[Boatbuilder]

http://www.copylaw.com/new_articles/rea ... ction.html

These articles may answer some of the questions if not all.

I just looked at that one link and read this:

What about a fictionalized autobiography? If your memoir is fictionalized, but you don't make that clear to readers, there's no veil of fiction to hide behind for purposes of libel law.

Surely that is the purpose of the disclaimer I referred to.

[sixret]

It is worth mentioning that borrowed ideas whether consciously or unconsciously are perfectly ok in writing fiction. Writers and authors do this all the times consciously or unconsciously. After all, people can have similar ideas. Borrowed ideas are not equivalent to plagiarism.

The famous example of borrowed idea: The famous book by Agatha Christie published in 1939, Ten Little Niggers aka Ten Little Indians aka And Then There Were None(my firsti time read in 1998) has borrowed the idea(either consciously or unconsciously) from Invisible Host(my first time read in 2004 after a lengthy discussions by fellow fans in GAD group had piqued my interest. Bought it through online market cheaply(at that time)) written in 1930 by American writers Gwen Bristow(with Bruce Manning). Invisible Host was filmed in 1934 with the title of Ninth Guest.

As a hardcore reader and lover of Golden Age detective fictions written in Edwardian era and detective fictions written between the wars, I have read both books naturally. Both of the books have strikingly similar plot ideas and the frame work but not enough fictitious events or written dialogues/narratives to qualify Ten Little Niggers as a plagiarism. Agatha Christie must have read Invisible Host(and/or seen the film) beforehand and used the plot and wrote it better than Invisible Host.

The very famous case of plagiarism is Rebecca by Daphne Du Maurier. I have known the fact from the lengthy discussions in the similar GAD group since 2001 hence my respect for Daphne Du Maurier diminished significantly. But I hasten to add that I have not read Sucessora by Carolina Nabuco. You can read all the details below:

http://mybookgoggles.blogspot.com/2012/ ... ne-du.html" onclick="window.open(this.href);return false;

https://en.m.wikipedia.org/wiki/A_Sucessora" onclick="window.open(this.href);return false;

[sixret]

http://www.copylaw.com/new_articles/rea ... ction.html

These articles may answer some of the questions if not all.

I just looked at that one link and read this:

What about a fictionalized autobiography? If your memoir is fictionalized, but you don't make that clear to readers, there's no veil of fiction to hide behind for purposes of libel law.

Surely that is the purpose of the disclaimer I referred to.

True.

Disclaimers, while helpful, are by nature, self-serving. While a disclaimer cannot insulate you or your publisher from a libel suit,

From the last article.

[sixret]

The allegation of plagiarism of Sucessora by Carolina Nabuco was not the only case. Another allegation as below:

Frank Baker's second novel, The Birds, was published by Peter Davies in 1936. In his autobiography I Follow but Myself Baker stated that it bore some resemblance to The Terror by Arthur Machen (first published 1917).[1] When Alfred Hitchcock's The Birds was released in 1963, ostensibly based on a short story "The Birds" (1952) by Daphne du Maurier, Baker considered pursuing litigation against Universal Studios.[2][3] but eventually decided against doing so because legal counsel considered that the works were substantially different. The opinion states: "The treatment of the general idea of attacks by birds in the two works is as different as it could be."[4]

Du Maurier denied that she had taken the idea of Baker's novel for her own short story or that she had ever read the book. Any subsequent doubt on this point arose from the fact that Du Maurier was Davies's cousin. He was said to have been very excited about Baker's novel, and it is reasonable to suppose he might have mentioned it to Du Maurier. Some sources state that Du Maurier was working as a reader for Davies in 1936.[5] This is not true – she was already a successful author by then – and spent almost all of 1936 in Alexandria with her soldier husband and young daughter.[6] Some elements of Baker's story appear to have parallels in Hitchcock's film but it is not clear that the film's scriptwriter, Evan Hunter, was aware of Baker's work. By the time the film script was written, the novel was 26 years old. It had not been remotely successful – selling no more than 350 copies in total.[7]

Quote from wikipedia.

[Rob Houghton]

Its interesting about Rebecca - which is my favourite adult novel of all time. I don't believe that Daphne DuMaurier was a plagiarist, and indeed she always cited Jane Eyre as being her main inspiration. Also, Rebecca originally had a very different ending, in which Maxim became blind (as Rochester does in Jane Eyre) but she rewrote it before publication...so it hardly seems that she was copying Sucessora...although like you Sixret I have never read it.

Also, for me, DuMaurier's plot is always secondary to her beautiful writing style - to me, that is her strength...something that I feel is entirely her own.

As I have said in other threads, I make no secret that I borrow ideas from other authors. Its my belief we all do it. My novel, 'The Last Summer' - available to buy on Amazon - - is a good example, as it was inspired by Rebecca - though it is also quite different - but that is the book that I borrowed a few ideas from.

Regarding 'The Birds' - the Hitchcock film is nothing much like DuMaurier's novel, as it is much expanded. Maybe the film took its inspiration from the earlier novel, but credited DuMaurier as she was better known...?

[Daisy]

I decided to get a copy of Return To Kirrin which I have now read. It is well written and ... interesting. I like parts of it more than others and wonder if anyone else is reading or is intending to read it? I'll say no more about it for now.

[Rob Houghton]

I'm thinking of it, but haven't taken the plunge yet!

[Eddie Muir]

Same here.

[pete9012S]

I tried a large sample. It made me yearn for a book written in the style and period of the original Famous Five - surely there must be an author gifted with the talent to write another Famous Five book for us?

[Courtenay]

Bruno Vincent?

[Daisy]

Oh ha ha - I was thinking more of Rob's narrowboat story - that was pretty good.