Can you write a story about a folktale and then try to get money from it? For example, if I wanted to rewrite a popular urban legend and or folktale, can I?
Example one: Can I write about the “devils footprints” (Southern Devon 1855) from a fictional point of view?
Example Two: Could I write about “the vampire of Croglin Grange”?
Both of these are popular english folktales and legends. I’m just wondering if I would be plagerising if I took the basics of the folktale and turned it into a piece of fiction.
Sure, there’s no problem with any story that’s in the public domain, either because it’s folklore, or because it’s out of copyright. Children’s book houses publish new versions of fairytales and retellings of legends all the time. The only place you might get into trouble is if you draw from someone’s research or cite someone’s personal conclusions without acknowledgment.
Yes, but even so it is fair game if it was written before 1923. After that, you need to check its current copyright status.
However, you need to be careful to ensure that your version really does take off from the public domain original. If you plan on writing something that involves Snow White and seven adjectivially-named dwarves, I’d expect a call from the Disney lawyers.
IANAL, but I doubt you’d be plagerising if folktales are involved. If, however, someone claims to have started them, you’re in trouble. I base my ideas on all the Disney movies I’ve watched over the years. How many different books have been written about Snow White, Cinderella, Sleeping Beauty, etc… Also, look at the movie Shrek - not in any way affiliated with Disney, yet many of the characters from Disney appeared (though they were drawn slightly differently). Disney could copywrite its drawings, but not the famous characters from the legends.
Dunno about the Devils footprints, never heard of it.
As for Croglin Grange, the first writing about it was in 1890 something. It was based on events that allegedly took place in the 1860’s. Any copyrighted characters would be in the public domain by now.
Cool, thanks for the info. I did know that other companies published movies and books based on old stories but I was unsure as to if they paid money for the rights or whatnot.
