What's Wrong With Paying Homage To A Literary Classic By Writing A Sequel?

from the trying-to-figure-it-out dept

Against Monopoly points us to a NY Times article that discusses some of the recent "controversies" over unauthorized sequels/prequels/re-imaginings of certain classic books, including the ban on an unauthorized "sequel" to Catcher in the Rye -- as well as the awesome addition of zombies to Jane Austen's Pride and Prejudice, now known as Pride and Prejudice and Zombies. But the key point is made towards the end:

Yet the urge to write sequels and prequels is almost always an homage of sorts. We don't want more of books we hate. The books that get re-written and re-imagined are beloved. We don't want them ever to be over. We pay them the great compliment of imagining that they're almost real: that there must be more to the story, and that characters we know so well -- Elizabeth Bennet, for one, or Sherlock Holmes, who has probably inspired more sequels than any other fictional being -- must have more to their lives. In a couple of quite good sequels recently -- "A Slight Trick of the Mind," by Mitch Cullin, and "Final Solution: A Story of Detection," by Michael Chabon -- we even get to watch Holmes grow old and discover love of a sort.

Certain books are more than mere texts -- words on a page or, these days, an electronic reading device. They're part of our mental furniture. And yet it's their familiarity, their well-wornness, that makes them such tempting targets. If zombies were to turn up, for example, in Mrs. Gaskell's "Cranford," it wouldn't be nearly so funny.

And, then when you think about it, if copyright is designed to encourage more creativity, wouldn't these sorts of re-imaginings of already existing fictional worlds fit that criteria exactly?

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This Is America... Why Are We Banning Books?

from the good-questions dept

Last month we wrote about how a district court banned the publication of a so-called "sequel" (written by another author) to JD Salinger's Catcher in the Rye. I had a lot of trouble with this ruling, which seemed to be a complete assault on the basics of free speech and a total misreading of copyright law. The book itself is not a copy, but something entirely new. Whether or not it's any good (and some of the reviews say it's not), it is a new creative work -- the exact type of thing that copyright was supposed to encourage. It's good to see a lot of other folks are quite concerned about this ruling as well, and the Fair Use Project at Stanford has teamed up with some other universities to file an amicus brief on behalf of the American Library Association and some other library associations, who are reasonably concerned about the free speech implications of banning the publication of a book such as this one.

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JD Salinger Sues Author For Writing A Sequel To 'The Catcher In The Rye'

from the let's-look-at-copyright dept

Eric M writes in to let us know that JD Salinger is suing the author and publisher of a new book that claims to be the sequel to Salinger's famous The Catcher in the Rye. Salinger is claiming that the book infringes on his copyright -- which may be a big challenge. Now this is an area of copyright law where a lot of lawyers disagree, but in general an unauthorized sequel doesn't necessarily infringe copyright. Copyright covers the specific expression, not the idea -- and since a "fan" sequel isn't likely to decrease interest in the original (in fact the opposite is likely to be true), there's unlikely to be a finding of copyright infringement. Of course, the specific details may matter and cases have gone in all different directions on this. There is, for example, the famous lawsuit about the book The Wind Done Gone, which was a retelling of Gone With The Wind from a different perspective. A lower court issued an injunction to block the sale of a book, but eventually it was allowed. There are certainly other potential claims that Salinger could make -- but the article specifically says it's a copyright issue, which seems like a tough sell.

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