Myth Weaver
Sage
Maester
ScribeEverything has been done, but it hasn't been done by you.To come right to the point; say that you have an idea for a novel (and/or book series) that you felt was good enough, but then you discover that another book (series) written by a professional published author has a similar if not the exact same premise?
Sage
IstarThough I'm not a lawyer, I feel the need to point out that you can't copyright an idea. No matter how specific it is. The only thing you copyright is the specific execution of that idea. So I could write a story about a boy who's parents got killed by an evil wizard and who now lives with his mean uncle and aunt. He finds out at his 11th birthday that he's a wizard and goes to magical boarding school, where he learns that the big evil wizard is trying to return and take over the world by using a magical McGuffin that grants eternal life.true 'originality' is a mere formality for copyright protection at this point.
MaesterI think 'originality' in our stories is about like a fingerprint, maybe a snowflake.This. ^^
Like everyone else, I've never had any success in finding an "original" idea. There are none, and that's actually a function of storytelling in a society - not to be original, but to strike cords and find commonality within the group. It's so we can sing the story of what it is like to be human, to be an animal, and just to be.
The only thing any of us brings to the table is us. We are each originals, and that's what makes our work unique.
I mean that makes sense, I can write a story about an alien with a monkey tail who's hair turns yellow and he gets stronk when he gets angy and base him off of Sun Wu Kong.Though I'm not a lawyer, I feel the need to point out that you can't copyright an idea. No matter how specific it is. The only thing you copyright is the specific execution of that idea. So I could write a story about a boy who's parents got killed by an evil wizard and who now lives with his mean uncle and aunt. He finds out at his 11th birthday that he's a wizard and goes to magical boarding school, where he learns that the big evil wizard is trying to return and take over the world by using a magical McGuffin that grants eternal life.
No one can stop my writing and publishing that story. However, what I can't do is call the boy Harry Potter and make him live under the stairs and all that. I can't copy the specifics of the story and call them my own.
IstarParodies are sort of their own separate thing in copyright law. They can be fair use, even if they copy a lot of the original. Which is why you can have a book like "Barry Trotter and the Unauthorized Parody".What I CAN'T do is put him in a Orange Karate Gi, give him a magical cloud called Nimbus, and call him Goku. Even if the character is a Parody of Goku. Calling them the actual thing would land me in hot water especially if he fails the squint test.
MaesterI think the defining thing that makes a parody not fair use is 'how much of the parody resembles the actual thing'Parodies are sort of their own separate thing in copyright law. They can be fair use, even if they copy a lot of the original. Which is why you can have a book like "Barry Trotter and the Unauthorized Parody".
Though not all parodies are fair use. So if you go that route, do your research.
Myth Weaver
MaesterFair point, still not a risk I'd be willing to take if my parody was that close to the thing I'm parodying ya know?Hmmm… i dont wish to pretend to know all things copyright, but the superman S is probably a trademark and not a copyright issue.
Acolyte
MaesterHmm, what if one uses that dissatisfaction as fuel to hone/sharpen the idea to be more original/interesting? Some people are like that, I'm personally somewhere in the middleground. But to do that I have to really like the story idea enough to want to hone it to begin with.If you think your idea is not original enough, then you're probably right. That's *you* being dissatisfied with what you have dreamed up. There's no sense in pursuing a story idea unless you are genuinely excited enough to endure the long slog ahead.
I like this example, often times we let under-confidence persuade us to ask for confirmation. If the idea isn't intriguing enough for one to write in the moment, jot some notes down and maybe tackle it later when you have more ideas for it and (hopefully) more confidence in it.I dislike using second person in these kind of discussions, so I'll switch to me.
If I need to have someone else tell me before I can write that my idea is original, then I'm already on the wrong foot. In fact, I apply the more general rule (freely adapted from an essay by Hemingway), to wit: if I can be deterred or dissuaded from writing, then I'm not a writer. A writer writes, in the same way a painter paints or a musician plays music. There is no option not to. The plot may be clunky, the premise utterly unoriginal, the characters stereotypes, but I'm going to write the story because it's my story and it needs to get written. It's really that heartlessly simple.
Myth Weaver