What do we call Jean Rhys' Wide Sargasso Sea and V S Naipaul's A History of Mr Polly?

A quick question does 'fan fiction mean that Jean Rhys' Wide Sargasso Sea is fan fiction because of the mad woman in the attic scenario?

 

Or is V S Naipaul's A House for Mr Biswas  an infringement on H G Wells'  A History of Mr Polly? 

 

Both  writers keep the theme of the original text but the stories are totally different, they are set in very different places. 

Would the second pieces be referred to as fan fiction?

 

I am  also aware that someone wrote the same story as a friend of mine but  cunningly the name and setting of the text was changed too. However, the title of the more recent book demonstrate the effort to copy because the new book is titled using the same yet, very opposite title to the new book, the theme is one and the same, even the plot just the characters names and exposition is changed enough to avoid copyright infringement or so my friend things because he is not experienced. I don't know what to tell him, what would you think?  how should i advice him?   When my friend showed me the copied version of his book on amazon  I could see the problem but did not know how to advice him.  He has had his book copyrighted for a decade previously is that copyright infringement on the other person.  

 

Any views on this kind of thing guys?

I must admit to him making me curious about this kind of thing. 

 

http://www.lulu.com/shop/http://www.lulu.com/shop/h-m-hanlan/sunset-on-the-horizon-the-story-of-a-rebel-woman-rebellion-the-jamaica-maroon-treaties/paperback/product-22812840.html

 

 

Comments


  • Enghisauth wrote:

    A quick question does 'fan fiction mean that Jean Rhys' Wide Sargasso Sea is fan fiction because of the mad woman in the attic scenario?

     

    Or is V S Naipaul's A House for Mr Biswas  an infringement on H G Wells'  A History of Mr Polly? 

     

    Both  writers keep the theme of the original text but the stories are totally different, they are set in very different places. 

    Would the second pieces be referred to as fan fiction?

     

    I am  also aware that someone wrote the same story as a friend of mine but  cunningly the name and setting of the text was changed too. However, the title of the more recent book demonstrate the effort to copy because the new book is titled using the same yet, very opposite title to the new book, the theme is one and the same, even the plot just the characters names and exposition is changed enough to avoid copyright infringement or so my friend things because he is not experienced. I don't know what to tell him, what would you think?  how should i advice him?   When my friend showed me the copied version of his book on amazon  I could see the problem but did not know how to advice him.  He has had his book copyrighted for a decade previously is that copyright infringement on the other person.  

     

    Any views on this kind of thing guys?

    I must admit to him making me curious about this kind of thing. 

     

    http://www.lulu.com/shop/http://www.lulu.com/shop/h-m-hanlan/sunset-on-the-horizon-the-story-of-a-rebel-woman-rebellion-the-jamaica-maroon-treaties/paperback/product-22812840.html

     

     


    The problem with some fan fiction comes from a little detail in copyright law that has to do with "derivative works." The US Copyright Office defines this as "...a work based on or derived from one or more already existing works." The only person who can authorize a derivative work is the original copyright owner. Fan fiction, obviously, is derivative work by its very nature. Many authors are perfectly OK with fan fiction and have stated so. Other authors, however, are not. It is the sole right of the author to decide these things.

     

    Of course, any book that is in the public domain---such as Wells' "Mr. Polly"---is fair game.

     

    If your friend can show that the book in question was derived from one he had written he certainly ought to consult with an attorney specializing in intellectual property law. However, his copyright in the book will have to have been formally registered with the US Copyright Office before it could be taken to court. However, I should imagine that a cease and desist letter from an attorney would be enough to put the fear of God into the infringer.

  • Thanks for that I will give him the advice.

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