Many experts seek to share their knowledge and experience through books. However, when writing works, it is important to take into account the legal aspects associated with the use of other people's materials. In this article we will examine the key issues of the legality of borrowing content.
Basic situations when using foreign materials
When writing a book, the author may be faced with various options for borrowing someone else's material. Let's look at two common options:
1. Recycling
Reworking involves using the logic of constructing someone else's work while changing its external form. Simply put, the author retells someone else's book in his own words, while maintaining its basic structure.
In our telegram channel "Patent reading" we covered the case “Tanya Grotter vs Harry Potter”.
What happened?
In 2002, Dmitry Yemets published the book “Tanya Grotter and the Magic Double Bass” (the title itself suspiciously resembles something) about a girl sorceress who confronts a black sorceress named Plague del Cake.
When the Russian market was conquered, D. Yemets set his sights on Europe and tried to import a batch of books about Tanya Grotter into the Netherlands.
At that time, the popularity of J. K. Rowling's books was at its peak and several films about Harry Potter had already been released.
The publishers of books about Harry Potter and J. K. Rowling filed a lawsuit against the publishers of D. Yemets' book "Tanya Grotter and the Magic Double Bass", demanding a ban on sales of books in the Netherlands.
Plaintiffs' argument: the plot of Yemets' book illegally adapts the plot of the Harry Potter books (in particular, Harry Potter and the Philosopher's Stone).
What did the court decide?
The court, having compared the works of Yemets and Rowling, came to the conclusion that the plot of the book by D. Yemets repeats the plot lines created by the creative work of J.K. Rowling, and, therefore, is an unauthorized adaptation (reworking) of the book “Harry Potter and the Philosopher’s Stone”, satisfying on this basis the requirements of Rowling and the publishers.
As a result, Tanya Grotter was not allowed into Europe.
Reproduction requires the consent of the copyright holder of the original work, since such use violates copyright.
2. Inspiration
Inspiration differs from reworking in that the author does not borrow the structure of someone else's work, but uses his ideas.
Copyright does not protect ideas themselves, but rather their specific expression. This means that you can use other people's books as reference material or as a source of inspiration without having to obtain the author's consent.
The Da Vinci Code case is illustrative. We also consecrated him in our telegram channel "Patent reading".
According to the general idea, the Holy Grail is the cup from which Jesus Christ ate at the Last Supper.
In 1982, Michael Baigent and Robert Lee published a non-fiction book entitled The Holy Blood and the Holy Grail.
The book substantiates the hypothesis that Jesus Christ and Mary Magdalene were married and had children, and the Holy Grail in the texts meant the womb of Mary Magdalene and the offspring generated by her. The Roman Church seeks to eradicate the race of Christ, and they are opposed by the secret sect of the Priory of Sion.
Surely anyone who has read Dan Brown's 2003 book "The Da Vinci Code" or watched the 2006 film of the same name starring Tom Hanks will find the narrative described above familiar.
Indeed, the plot of The Da Vinci Code reproduces the hypothesis from the book Holy Blood and the Holy Grail.
R. Lee and M. Baigent, after reading D. Brown's book, experienced a feeling of déjà vu. The authors considered that such borrowing of their ideas was unlawful and filed a lawsuit against D. Brown in the UK Court.
Dan Brown did not deny that he relied on the book "The Holy Blood and the Holy Grail". Moreover, the name of one of the characters in the novel, Sir Leigh Teabing, was based on an anagram of the names R. Lee and M. Baigent.
The court recognized the following circumstances:
(1) The book by R. Lee and M. Baigent sets out an alternative history, with the authors using a large number of historical facts.
(2) D. Brown used the book “The Holy Blood and the Holy Grail” when writing the novel, rather as a general reference material for writing “The Da Vinci Code”.
The court decided that D. Brown did not infringe the copyrights of R. Lee and M. Baigent.
Materials are not protected by copyright
Some materials are not subject to copyright protection, allowing them to be used freely. Such materials include:
-Official documents of government bodies;
-State symbols and signs;
-Folklore works without identified authors;
-Messages about events and facts that are purely informational in nature (news, transport schedules, etc.).
Conclusion
We recommend following these principles not only for legal compliance, but also for ethical purposes. Respect for the intellectual property of others contributes to the development of fair creativity and the protection of the rights of authors.
