Further to my Da Vinci Code enquiry (below) I have just started my new novel 'Cake' in which my MC is obsessed with Francois Mauriac's protagonist Therese Desqueyroux. The obsession leads her to kill which is what the original character did anyway. It's not a huge part of the novel though, but I was able to draw a link nicely.

Does anyone see any probs with this?

I wouldn't have thought so although you may need to get some permission which might be costly. Wide Sargasso Sea is Jean Rhys' response to Jane Eyre so you are in great company on that score.S

Thanks Shika. I can always remove it if necessary, but it's a really nice link. Bascially the woman will be taking French lessons and one of the books on the Open Uni course is a study of Therese Desqueyroux. She will use her knowlegde of the book to set up a plot to kill.

Jane Eyre wasn't in copyright when Jean Rhys wrote Wide Sargasso Sea, so anyone can do whatever they like. But if Mauriac died in 1970 the book is presumably still in copyright. But I think you probably still don't need to worry if you don't quote Mauriac's words verbatim, or (trickier ground, here) copy so much of Therese that you could be said to be copying not just the idea (which isn't copyright) but the way it's expressed (which is). But the Dan Brown case and others have shown that if the copying isn't actual words and phrases it has to be pretty substantial before it infringes copyright, and I'd have thought you'd be perfectly safe. If you do want to quote verbatim, then there's no reason to think you wouldn't get permission, unless the Mauriac estate is very picky for some reason - some estates are fussier than the author was. Though it might cost you. Don't forget that if you do quote verbatim you'd have to get permission from whoever holds the copyright in the translation, (probably but not necessarily the translator).

Emma

But didn’t Dan Brown fight the case on the grounds that DVC is fiction while HBHG is (claimed to be) non-fiction?

Dee

Yes, he did, but that wouldn't have been enough of a defence, if Brown really had breached copyright. What persuaded the judge was that the HBHG authors couldn't hold copyright in the facts that they set out, which is what Brown had used (sigh of relief from all hist fic authors). Facts are in the public domain. The HBHG authors only hold copyright in their artistic/creative expression of those facts, which they tried to prove Brown had copied, and Brown and the judge said he hadn't.

I went to a Society of Authors seminar on this, given by the lawyer who advised the third HBHG author not to sue (wise woman! lucky man!) but, maddeningly, my notes on the handout got tidied while I was having the sociable cup of tea, and I lost them... Didn't think to pick up another copy of the handout either, which would have been better than nothing. Duh!

Emma

I vaguely remember the judge also quoting children's stories, such as Little Red Ridinghood, the storylines of which have been copied/reworked since the year dot (or words to that effect) so no-one can have copyright on an idea/theme/storyline.


- NaomiM

the HBHG authors couldn't hold copyright in the facts that they set out, which is what Brown had used

Yes, I think that’s what I was trying to say but it looks like I was in shorthand mode at the time.

That must have been a very interesting talk, Emma. Pity about your notes though.

Dee

I'll not be quoting anything at all (it's in French) thankfully.
My MC Muriel is learning French and one of the books on the Open Uni course is Therese. So basically she falls in love with the character and copies her idea to poison Francis, the judge in the competition in which Muriel came second.

I think this is called a metafictional reference, which is not only legal, but also cool and postmodern!

Emma

Emma - you are once again a fountain of knowledge! I wasn't aware of that term, but then again, I am blonde.