A few months ago, I started writing a novel. I won’t go into too much detail since it’s in its early stages, but I need advice on this. My story is inspired by another, very well-known movie from the 1940s. It’s intentionally based on it as a modern twist on a well-known story, and the original is not in the public domain. My story doesn’t use character names or anything like that, but the story is the same.
My question is, is that okay? Can I do that if I cite the original as an inspiration for my own work? Let me know what you think.
As long as you’re not copying characters (which can be open to interpretation – to be safe, you’ll need to do more than just rename them) or taking dialog from the original, you can write a similar story inspired by the original.
For instance, if you wanted to adapt Casablanca, you’d have to set it somewhere else and give the characters different names and backgrounds. You’d have to have some characters that weren’t in the movie, and change the plot somewhat. And, of course, you couldn’t use dialog from the film.
Be more specific. Plots can’t be copyrighted or trademarked. Characters and fictitious locations/events/brands can be trademarked. Obviously actual dialog or published descriptions can be copyrighted.
This will make no difference. Either you’re not copying something legally protected, in which case it doesn’t matter who you thank for inspiration, or you are, and you are in trouble without their approval (which you’re almost certainly not going to get if you’re asking us on this message board about it, rather than asking your agent to negotiate for it).
Awaiting the resolution of this thread before I release ‘Knickerless Knickleby’ by Charles Dikkens. With two Ks, the well-known Dutch author.
Followed by ‘Karnaby Fudge’ by Darles Chickens, ‘Farmer of Sludge’ by Marles Pickens, and perhaps ‘Stickwick Stapers’ by Farles Wickens with four M’s and a silent Q.
(why, yes, as a matter of fact, I did copy character names and dialog verbatim from here)
I’m not sure why you feel the need to talk down to me like that. I just asked a simple question. I’ve been published twice now, short stories in larger works, but no novels. I’m not in any kind of a position to negotiate for that sort of thing.
Standard “I am not a lawyer and do not represent this as in any way legal advice” disclaimer, but if you want to use the characters then you should get the permission of the copyright holders, which for a smaller project they might grant since it could conceivably cross pollenate, though they might choose not to do so and that’s their right.
If they won’t grant it, then I would say tweak it and change it until it could stand alone. Using the Gone With the Wind example again, you can’t use Scarlett O’Hara and Rhett Butler in a plot, but you are completely free to write a novel about an ill fated romance in Atlanta during and after the Civil War.
As has been sated, a plot or storyline cannot be exclusive. Many other things about a book can, however, be protected.
For example, Clueless and The Diary of Bridget Jones were both based on Jane Austen. However (had Austen been in copyright) neither would have been infringing (probably), because there was no copying, beyond the outlines of the plot.
Also, The Hours was somewhat based on Mrs. Dalloway by Virginia Woolf, in that the third story was supposed to be a modern-day version of that character. But I don’t know if the author had to get permission from Woolf’s estate or what.
I apologize. I wasn’t trying to be a jerk, and I’m sorry I came off that way. Hopefully you can see that I was trying to provide useful information, even if I chose my tone poorly.
It also wasn’t a remake of Casablanca. The only thing it has in common is the location, some Nazis, one actor, and a line that was close but not quite “Round up the usual suspects.” But Ronald Kornblow didn’t run a bar, nor were there letter of transit and, of course, the war was over when the movie was made and the Nazis were the ones trying to escape.
Warner Brothers sent their letters before the film was completed and had no idea what it was going to be about, other than it had “Casablanca” in the title.
I appreciate that. Thank you. I think I’m just confused sometimes as to where homage ends and plagiarism begins. I don’t want to plagiarize, I just want to put a modern spin on a story. Your answers have been helpful though. Thanks.
Just FYI, the term you’re looking for is “copyright infringement,” not “plagiarism.” Plagiarism has no legal definition and is conceptually broader than copyright infringement.