Sunday, 14 February 2016

Plagiarism

It's nice to know that  the law can be sensible over plagiarism.
Sherrilyn Kenyon has sued Cassandra Clare for 'wilfully copying' her Dark-Hunter novels with her Shadowhunter series and claims damages and lost profits. 

I'm not sure how lost profits are calculated, since they are lost and never existed. Wishful thinking might come into this part of the claim, which rests on both series using enchanted, glowing swords, with unique names, that have been divinely forged and have other world spirits. 

I can think of a lots of tales using that kind of motif. Perhaps Ms Kenyon has heard of King Arthur and Excalibur? The Ring Cycle? Norse legends? Kenyon also claims as her idea a cup, a sword and a mirror with magical properties, but must have forgotten Harry Potter, the most recent example of such things which have long been part of the storytelling tradition from ancient times to the present? There are other claims too - a blonde demon-hunter character that makes me think of Buffy - I think it was Angel who was so strikingly blonde? Black leather and white hair - I expect a lot of people were struck by that combination, but it is hardly plagiarism to use it in a different story and setting.

The lawyers refute Kenyon's claim, saying the law does not protect ideas and myths, it protects only the expression of those ideas. Good for them, I say. It will be interesting to see the final outcome.

Read the full article here: http://www.theguardian.com/books/2016/feb/12/cassandra-clare-hits-back-at-sherrilyn-kenyons-lawsuit-alleging-copying





1 comment:

Anita Davison said...

I applaud the common sense too Jen. Just as there is no such thing as original thought, there is also no such thing as an original story, only its setting, era and interpretation.