Plagiarism?

doubletoil

My first Creative writing tutor asked us to write a sequel and prequel to Somerset Maughan's 'The Colonel's Lady' - using the original as a jumping off point. The basic plot is: a bored wife has a steamy affair with a young man. 10 years on, after his death, she publishes a steamy volume of poetry to great acclaim. The boring husband (POV character) is embarrassed and shocked, though sees nothing wrong with having an affair himself. Both my stories mention the poems and the woman's affair, but otherwise are entirely divergent (Colonel's love child marries heir / and details of affair plus Research project into Women's Lib). I am planning to self publish a collection of short stories, including these. Would this be plagiarism? Should I acknowledge source? >

Bill

a publisher would guide you on this - they know the wrinkles.
His [Maugham]'s heirs might have copyright.
In any case, I would think it would have to be referred to/explained in a foreword.
I dont know.
There are folks on here who know more.

here is a link to heirs and copyright. http://www.copylaw.org/p/termination-of-book-music-publishing_17.html

Liz

The sequel to John Wyndham's book, the Day of the Triffids, The Night of the Triffids, by Simon Clark, is copyrighted in the front to Simon Clark and the John Wyndham Trust.

I think that tells you all you need to know - unless you are going to sell loads and be able to share the proceeds in a meaningful way, I suggest you go no further except as an exercise for your University or Creative Writing tutor.

Mrs Bear

If you use any original material, you need permission. Even if you are simply taking up where the story left off, but using the same characters (and character traits and behaviour) and names, I'd have thought you would still need permission because you are including elements of the original work.

If in doubt, ask the trust concerned, explaining clearly what you intend to do.

This is an odd area: look at all the post-Pride and Prejudice novels out there - they're an industry in themselves. How many of those authors have sought permission from the Austen estate?

Carol

In Austen's case, copyright will have expired so there's nothing they could do about it.

Maughan didn't died until 1965, so there's still another 20 years of copyright left.

As an academic exercise it's not going to be an issue, but including it in your short story collection-especially when you intend to self-publish, could create a minefield of problems for you, so better to not use it.

doubletoil

Thanks for the comments.
I am not really using the same characters/ characteristics, certainly not the names - though the between the wars 'big house' background, beloved of many writers, is there. The boring husband is a stereo type, so not borrowed. Maughan's young lover is not characterised, mine is. It is only the situation - the book of poems about the affair- that is directly taken from the Maughan story. Maughan's 'lady' , seen through her husband's eyes, is drab, a good housewife, little characterised, with no POV. Mine is the POV chracater, and we know why/how she has the affair and its effect on her long term.

Baggy Books

Perhaps you could add an author's note about the inspiration - readers would be interested to know about the details.

danfango

Did John Wyndham invent the word "Triffid"? I assume that would explain why Simon Clark needed to seek permission from the Wyndham Trust to use the term.

Ideas themselves aren't subject to copyright, doubletoil, so if you're not using the actual names Maughan used there should be no issue. If ideas and situations were protected, it would be almost impossible to write anything!

Like Baggy says, it may be worth including a note about where the inspiration came from - it would be interesting for readers and serve as a tip of the hat to Maughan.

And it's definitely not plagiarism, as you're not copying chunks of text.

Liz

He will definitely have invented that, Dan.

As you say, ideas are not copyright - but can you just take a book that is extant and write the before and after without permission from the estate if it is still in copyright? I don't think you can, because although ideas are not copyright, the EXPRESSION of an idea is - so even though you might argue that your story is completely different and you are just using the characters, you can't do that because using those characters in relation to each other and the whole scenario, even though expanded and completely different because in the future or past of the extant story, those characters in relation and situation are copyright. Which is what from your original posting I presumed you were doing.

However, if you are just using a character 'like' the ones in the book and writing something completely different with a different name etc and just using the story and character as a springboard, so thati f you read it you would not think it was a sequel, than you'll be fine.

boredrobots

Trifid (adj.)
"divided into three lobes," 1620s, from Latin trifidus "cleft in three," from tri- "three" (see tri-) + -fid. This adjective probably inspired triffid, the name of the three-legged walking poisonous plants in John Wyndham's novel "The Day of the Triffids" (1951).

Liz

So he added an 'f'!

I think John Wyndham was a genius.

boredrobots

But Triffids are real! Reaaalll!

Mrs Bear

Of course they are, b-r - they live near major roadworks. What else do those signs saying 'Heavy Plant Crossing' mean?

danfango

However, if you are just using a character 'like' the ones in the book and writing something completely different with a different name etc and just using the story and character as a springboard, so thati f you read it you would not think it was a sequel, than you'll be fine.

I got the impression that that's where Doubletoil was taking this project, Liz. The book of poems is the only element transferring directly from the original story. I haven't read Maughan's story but it doesn't sound like the poetry is the core of the tale, and Doubletoil's version seems to be focusing more on the affair and perhaps the woman's position in society. If both stories were very definitely *about* the book of poems it might push the issue into the darker regions of this particular grey area, but even in that case I'd be surprised if it caused any real problems.

But Triffids are real! Reaaalll!

*Resolves to buy extra-strong weedkiller on way home from work*

Liz

It's ok, it's only if you are traveling round the dark regions of Steven's mind that you need to worry.

I think if this was a creative writing exercise as 'a 'sequel' or 'prequel' then it would have to be pretty obviously a sequel or prequel to get marked well. So tI was presuming it was much more reliant on the book than you take from that first entry!

But it's so hard to tell without reading both, isn't it?

danfango

Yes, definitely!