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copyright issues and fiction

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R

Ryffranck

Guest
Florida:

If I know of a successful series of children's books in which a child detective solves mysteries by having an incredible body of knowledge of trivia, and runs a detective agency, and I write new stories using a different character (different period in history, different gender, different town, etc.) but using similar length, tone, complexity of language, in which another child who runs a detective agency solves mysteries by having an incredible knowledge of trivia-is that copyright infringment? What's the litmus test? Does it matter if there is a similarity in name (e.g., the original character was called 'the Brain' and the new character is called 'the Computer')?
 


L

lawrat

Guest
what you have sounds like substantial similarity -- the litmus test you speak of. just because you change names and places doesn't excuse you from potential infringement.

If the tone and language is similar, you are facing a big lawsuit.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 
R

Ryffranck

Guest
further details

Does it matter if the stories are significantly different-different crimes, different movement through the fictional world, different characters-but the tone and length and style are similar?

I think these are truly original stories-I'm just worried that the central character may be too similar to be safe - and I desperately want to resolve this question in my mind before I spend a chunk of my life trying to write these stories.

Can you offer any detailed text I could consult on these issues, pertinent to fiction and the copyright issues I raised?



[Edited by Ryffranck on 04-17-2001 at 05:27 PM]
 

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