Writer Beware!
By Sue Raines
Writing should be enjoyable, even if it seems to be a hard slog to meet that
deadline. Writing can also be dangerous. There are many cases of writers being
sued for copying another's work.
Yes, it can happen to you, an author writing in any genre. There is a recent
case where Australian author Jessica Adam found herself defending a crime short
story she had written for Big Issue. The short story appeared to be
very similar to one written and published in 1928 by mystery writer Agatha
Christie.
Author and playwright Janelle Evans, a keen Christie fan, writing in The
Australian newspaper makes a strong case against Adam who, as an established
chick-lit author who also writes an astrology column for Vogue, has
considerable experience and should know better.
This is of particular interest to many writers who contribute short stories to
magazines and anthologies as well as enter into competitions such as the Agatha
Christie Queen of Crime annual short story competition offered by Partners in
Crime in Sydney, Australia. As a writer, you need to make sure your story is your
own and not a copy of something you have read or simply rewritten.
Is Adam’s story, “The Circle," a rewrite of Christie’s "The Idol House of Astarte"
as included in Christie’s short story collection The Thirteen Problems? Judge
for yourself.
The Evidence
Jessica Adam’s "The Circle" and Agatha Christie’s "The Idol House of Astarte" are both stories of the supernatural. Throughout the dialogue there
seem to be many similarities. Evans cites the following quotes to make her case:
ADAMS: "Tessa was an incredible looking woman... And this voice, once you’d heard
it you’d never forget it."
CHRISTIE: "Her appearance was indeed very striking... She had too a wonderful
voice, deep toned and bell-like."
-
ADAMS: "One, or all of you were hypnotized into seeing-- or not seeing--
whatever the murderer wanted you to see."
CHRISTIE: "I suppose you can explain it by some sort of hypnotism."
-
ADAMS: "Eric had been stabbed through the heart but there was no knife,
nothing."
CHRISTIE: "Dick didn’t die of shock he was stabbed-- stabbed to the heart and
there is no weapon."
-
ADAMS: "She wanted us to all go down there at midnight, with candles and torches
and build a big fire and have a party there."
CHRISTIE: "Oh, do let us have a wild orgy tonight. Fancy dress. And we will come
out here in the moonlight and celebrate..."
In her argument, Evans uses eleven such quotes to convincingly show the
similarities in both stories.
Evans also noted that the similarities continue in location and characters.
Jessica Adam set the story in an Australian Aboriginal sacred site-- on
Aboriginal land there are caves with Aboriginal paintings and giant standing
stones in a circle, in which Aboriginal flints are found. There is also a hut
dating from Victorian times with Egyptian or occult drawings. A date is carved
in the roof beams.
Agatha Christie’s setting is a Phoenician sacred site. On the slopes of the tor
there are various hut circles, relics of the Stone Age, in which bronze
implements are found. There is also a summer house made of stones with a carved
image of a goddess on an ebony pillar.
Adam’s main characters: Eric Bardon (property owner), Michael Bardon (his
brother), and Tessa Barlow (model), echo Christie’s characters: Sir Richard
Haydon (property owner), Elliot Haydon (his cousin), and Diana Ashley (a society
beauty).
Evans provided further evidence to support her point of view.
Representatives of Agatha Christie’s company and family advised that no
permission to adapt or use Christie’s story in any way has been sought. Nor
would it be granted.
The Defense
It is a serious matter for any author to have a charge of plagiarism made
against him or her. Adam denies the charge, saying you tend to write what is
in your head. "I was working on my new novel, The Summer Psychic, and
took two characters from it."
The Verdict
Agatha Christie’s grandson, Mathew Pritchard, who is also chairman of Agatha
Christie Ltd., read and compared the two stories and found them to be unusually
similar. However, in view of the fact that Adam was not paid for publication of
her story, it was decided that no legal action would be taken at this stage. If
Adam sought to profit from this story in future they may reconsider this
decision.
Plagiarism
Plagiarism is a form of copying-- not only characters or situations from another
writer’s work, but large amounts of actual prose. Plagiarism is a breach of
copyright law and any writer leaves herself open to legal action if she copies
the work of another in this way.
When Does a Breach of Copyright Occur?
This happens when someone other than the copyright owner (this may not always be
the author) uses the material without permission.
Writers also have “moral rights” in their work, even if they do not own the
copyright. A writer is able to take legal action:
- If her work is used without acknowledging that she is the creator of the
piece.
- If another person wrongly attributes the work as her own effort.
- Should anyone alter or treat the original work in a manner which is
prejudicial to the author’s reputation.
What is NOT Protected by Copyright?
Copyright does not protect ideas, concepts, styles, techniques or information.
Names and titles also are not generally covered. If a name is registered as a
trademark, it is protected under a different area of the law. If you are unsure,
check with the local copyright authority.
It is a writer’s duty to know about copyright legislation in her own country, as
well as internationally. Basic copyright law is similar on a universal scale,
following broad guidelines of law for the protection of the copyright holder.
While in some countries it is necessary to actually “register” a piece for
copyright protection to take effect, in Australia and some other areas it is
sufficient for the author to list the copyright symbol (©), their name, and the
date the piece was created. If you are submitting work for publication in different countries, it is worth taking the time and effort to check the copyright
law in the country of intended publication.
So, writers beware-- do not base your characters closely on another story you
may have read. Research your own characters and locations, and create your plot
as original work. Apart from the creative bonus, you will stay clear of the
copyright laws.
****
Permission has been granted by both The Australian newspaper and author Janelle
Evans to use quotes and material relating to the original article for which
copyright is held by Janelle Evans. Copyright references are courtesy of the
Australian Copyright Council’s information service.
****
This article is the sole property of the author. It is produced here with the
author's permission. The unauthorized use or reprinting of an article is
illegal, and will be prosecuted at the discretion of the author.
Sue Raines is an Australian freelance writer and playwright, who enjoys writing
crime and mystery fiction. She has found her niche in teaching this genre also.
Other works include articles, book reviews, and short stories published in
magazines and anthologies. As a member of the Writing Group Partners in Crime
(Sydney) she is also an avid reader of mystery fiction.
