PublishAmerica author sues Stephen King for plagiarism

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I just read Full Dark, No Stars (highly recommended.) In one of his stories, the main character has the same name as one of the main characters in my book. I didn't think anything of it. Then, in the same section, there's a great big man in a Ford F-150. A great big man who drives a Ford F-150 figures prominently in my story. We even describe some of the setup the same way.

I'm so going to sue S. King. If he doesn't sue me first.

In my defense, I wrote a lot of it four years ago. Lol!
 

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And now that I've gone and read through the PDF, there are definitely some eerie similarities between the two books. But still.

Given any two novels anyone could find the same number of "similarities." It might be fun to go through the PA book and find how similar it is to The Picture of Dorian Gray.
 

Jamesaritchie

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No, but their records could be substantiating evidence, and therefore it seems possible one side or the other may ask for them.

I seem to recall that one of the reasons the lady who sued JK Rowling had her case thrown out of court was that the number of her books that were printed was miniscule and sales were restricted to such a tiny geographical area that those two facts made it unreasonable to believe that JK Rowling could ever have seen her book, much less read it and plagiarized it.

But I might be misremembering that, of course.

No, even one book would have been enough. Trouble was, there wasn't a single copy anyone could find anywhere, except a copy that was altered long after the fact. This is why the lady who sued ended up being fined a lot of money.

Actual plagiarism itself is proof of having read a copy, not number of copies out Terr. It only takes one copy for someone to copy the contents.
 

IceCreamEmpress

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And now that I've gone and read through the PDF, there are definitely some eerie similarities between the two books.

I don't see any more similarities between Keller's Den and Duma Key than I do between Keller's Den and the 1832 German novel Maler Nolten (or, as Unca Jim says, The Picture of Dorian Gray); any novel about a painter who is possessed or who has supernatural powers is going to have certain things in common with other novels about painters who are possessed or who have supernatural powers.
 

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Beyond the unconvincing examples of "similarities," the thing that seems to me (non-lawyer that I am) will sink this case is that it proposes no mechanism by which King might actually have seen the other book in order to plagiarize it. The entire argument seems to be a) Marquardt's book was published before King's, and b) it has been available for sale the whole time.

Other recent nuisance plagiarism suits--the Willy the Wizard guy who is suing J.K. Rowling, and the self-pubbed nutrition author who sued Elisabeth Hasselbeck (that case just got thrown out, for the second time)--offered a theory to explain how the defendants might have encountered the plaintiffs' work (totally unconvincing theories, but theories nonetheless). I think even Stouffer had a theory. But this guy--nada.

- Victoria
 

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The "I have a theory" song from B:TVS in now stuck in my head. I. Will. Sue.
 

Cyia

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I don't see any more similarities between Keller's Den and Duma Key than I do between Keller's Den and the 1832 German novel Maler Nolten (or, as Unca Jim says, The Picture of Dorian Gray); any novel about a painter who is possessed or who has supernatural powers is going to have certain things in common with other novels about painters who are possessed or who have supernatural powers.


You'd have to add in Heroes to that mix, too, as the first season featured the addict/painter who could paint the future and other things he'd never actually seen.

The psychic artist isn't a new idea, and is, actually, a used "test" in parapsychology. (right up there with guessing the cards and freewriting).

One of my favorite books as a kid was a short story collection of spooky stories published in the 50's or 60's, and it even featured a mystical painting that was trying to solve a murder.
 

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This could add another dimension to the PA "Buy X copies of your book and we'll send a copy to [insert name of popular author or big publisher]." Then, if the author or publisher who receives the book subsequently comes out with a book even vaguely resembling yours, you can sue them for plagiarism gets lots of publicity and maybe big money for yourself.
 

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Oops, I still don't have my edit function buttons.

Rest of thought: to avoid any hint of plagiarism in case of similarity of ideas.

King is said to draw heavily on his previous writings.
Wouldn't it be odd if the author suing him actually picked up his own ideas by reading King's earlier works.

There is nothing new under the sun.
 

Susan Coffin

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With 35 years of successful writing, why would SK copy some unknown self-published novel, and as extensively as alleged in the complaint? I mean, let's get real. It's not even feasible.

This guy who is suing found similarities that could be found in many other novels as well and decided to go to town on it. Probably wants publicity.

Wonder how King is reacting to this whole thing--maybe having a good laugh.
 

Susan Coffin

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Oops, I still don't have my edit function buttons.

Rest of thought: to avoid any hint of plagiarism in case of similarity of ideas.

King is said to draw heavily on his previous writings.
Wouldn't it be odd if the author suing him actually picked up his own ideas by reading King's earlier works.

There is nothing new under the sun.

Good point!
 
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I just read Full Dark, No Stars (highly recommended.) In one of his stories, the main character has the same name as one of the main characters in my book. I didn't think anything of it. Then, in the same section, there's a great big man in a Ford F-150. A great big man who drives a Ford F-150 figures prominently in my story. We even describe some of the setup the same way.

I'm so going to sue S. King. If he doesn't sue me first.

In my defense, I wrote a lot of it four years ago. Lol!


Yes, and I am going to sue Stephen King, too because most of my novels, the fantasy ones, are about characters who have supernatural powers and use them to defeat evil. *gasp* telekinesis. Oh, and most of my main characters are *gasp* writers with masterpieces in their hands about to become bestselling-novels or have lots of best-selling novels already. I have characters who *gasp* read thoughts and do everything that a human being cannot do. Yeah!




LET'S ALL GO SUE STEPHEN KING!! :ROFL::ROFL::ROFL: <----And that's King laughing at us. :D
 

PattiTheWicked

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It's funny how often you can find things like this, particularly if you read the genre you write in. This weekend I downloaded Nora Roberts' book Tribute, which came out about two years ago. I started reading it, and the moment the male lead came sauntering into the story, I did a double take. His physical description was almost identical to a character in a ms I started about five years ago, which is sitting somewhere unfinished on a flash drive. The female lead in Tribute rehabs houses -- as does the female lead in my unfinished ms.

And that, right there, is where the similiarities end. It's just enough that it made me sit up and go "Whoa!" But I highly doubt that Nora Roberts -- who has sold eleventy-five billion novels -- snuck into my house and pilfered a couple of characters from my half-finished ghost story.
 

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If you read widely in a number of genres, are familiar with early literature and folklore, you get to a point where you see themes and motifs and plot episodes used over and over and over, for thousands of years.

I note that you will find in Ecclesiates, in the Bible both of these statements:

There is nothing new under the sun.

Of the making of books there is no end.

Both are true.
 

thothguard51

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Based on this lawsuit, the Tolkien estate should sue Stephen Donaldson. Donaldson used a ring... a white gold ring.

I on the other hand have avoided this in my fantasy work by using a different type of magical item. In my story, the hero wears a cock-ring made out of bone. He has to cross the mountains of silicone, make his way through the valley of cleavage, until finally reaching the caverns of Divine Access... Once there, he has to leave the ring in the fires of burning desire. Its YA...

What you think...do I have a shot or should I worry about a lawsuit?