Using out-of-copyright inspiration

[Miss Marwood]

Hi! I'm working on a novel with a plot based on the plot of an earlier novel, written in Russia in the 1920s (author died in the 1930s). I've spent a lot of time researching the relevant copyright law, and I am certain that the original work is in the public domain. My novel is significantly different than the original (not jmo; the original novel was a war story and mine is space opera, exploring different themes and with different characters).

My question isn't about copyright so much as it is this: Will using an out-of-copyright source to draw inspiration from make publishers and agents nervous? I've researched the relevant laws, but I'm sure that an agent or publisher would want to do so, as well. Will the fact that they would have to do that prevent my ms from leaving the slushpile? Should I include a page with my query detailing my own copyright research? Does any of this even matter since I'm just using the original Russian novel as a framework, rather than actually reproducing any of it? I assume that I should let agents and publishers know upfront that I'm drawing inspiration from an earlier source, but I'm wondering how much more I should say about it, and whether just that fact alone would be enough to kill potential deals.

Thanks greatly in advance; I'm really unsure of how to proceed with this, so I really appreciate the assistance!

[The Judge]

Hi there.

There's no copyright in ideas, only in the treatment of them, so even if you pinched aspects of the story, as long as you express them without plagiarising the original you'd be safe if it were still in copyright. If it's out of copyright (which it would be under English law unless a new edition had been published later in an attempt to extend it) then you've nothing to worry about.

As and when you come to send it out to agents, then you might like to add a short para to your covering letter explaining that the original book inspired you, but it's not obligatory, and I certainly wouldn't go into the legalistics of copyright then. If they take you on, that's when you'd mention that you're a teensy bit worried, if you still are, and they'd be able to reassure you.

[Miss Marwood]

Thank you so much! Everything you say makes perfect sense. I am probably just being overly concerned in the wake of news stories claiming that the movie "Avatar" was "plagerised" from an earlier Russian source simply by virtue of sharing a similar plot, which made me really nervous about borrowing plot structure from an even earlier Russian work. (Russian copyright law is very similar to English, FWIW.) So, thanks again!

[Warren_Paul]

Originally Posted by Miss Marwood

Thank you so much! Everything you say makes perfect sense. I am probably just being overly concerned in the wake of news stories claiming that the movie "Avatar" was "plagerised" from an earlier Russian source simply by virtue of sharing a similar plot, which made me really nervous about borrowing plot structure from an even earlier Russian work. (Russian copyright law is very similar to English, FWIW.) So, thanks again!

Readers might cry about "stealing" ideas from other authors - as they did with Sword of Shannara - but in the end they need to just get over it. Inspiration drawn from what you have read is normal - everyone does it - and it doesn't matter if it is out-of-copyright or still in print. No matter what you write, it will always be similar to something already written. It's about adding your own voice to the idea and making it YOUR story.

It is only plagiarism if you are writing a story using the world and characters from the book you got your inspiration from. As TJ said, you cannot copyright ideas.

[psychotick]

Hi,

Slightly off topic but I thought Avatar was essentially Dances With Wolves in space. I've heard others say its also Last of the Mohicans in space.

As the others have said there's no copyright on ideas, so as long as its your book I don't see too much of an issue. But you might want to mention it to any agents you approach, and perhaps if and when it gets published put a dedication in the front. I did that for Pawn which was inspired by The Aphrodite Inheritence, and I think it was the right thing to do even if the book and tv series are light years apart.

Cheers, Greg.

[MemoryTale]

Just to add to that, my wife literally said Avatar was Pocahontas with blue people as we left the cinema. Some ideas are older than dirt, but that's not to say you can't put your own spin on them and still come up with something fresh.

[nightdreamer]

I agree with everything said in response, but there are flukes. Harlan Ellison sued James Cameron over Terminator, claiming he stole the idea from Ellison's The Outer Limits episode "Soldier." Balderdash! Now, he's done it again: http://www.hollywoodreporter.com/thr...ng-foxs-235987. I don't either suit has any merit, but he managed to get $650,000 (if my memory is working) out of Cameron and the studio. I wrote a recent rant on the topic if you're interested. http://duane.duane-n-lisa.net/wordpress/?p=139. BTW, "Soldier" is one of my least favorite episodes.

[DrMclony]

I would say be careful about how and where you state the "inspiration". Make sure it is presented such that those inclined to being negative see it as tribute not ripoff, or that they see it as fresh or innovative, not copied and dull. Bare in mind the Internet will always have people who badge work as those things without experiencing the work for themselves, so how you present it in your marketing and spin is paramount in protecting you and your reputation should you choose to acknowledge this kind of inspiration. The last thing you want is to be called FanFiction. At the same time, you also don't want to be accused of copying without giving credit to inspiration, so it leaves you with a jumble of careful wordings and delicate statements if the original work is at all well known!

And off topic, YAY! my 100th post! only took about a year to get here. lol.

[Tym]

It shouldn't be a problem, well as long as it's not the same plot, same characters, etc