GWTW: the sequel by Alexandra Ripley and the book written from Rhett's perspective last year were expressly authorized by the Estate of Margaret Mitchell. I believe that they may own the copyright on those books in conjunction with the authors. The Wind Done Gone was not authorized but in litigation was found to be a parody, which is a defense/exception to copyright infringement.
Did CE copy? SBTB and DA have each posted sections of CE's books next to sections of source materials. In some cases, the punctuation has been changed and a character's name added, or other minor revisions like splitting one sentence into two, but large phrases are the same. In other examples, the sentences are identical, word for word.
What needs citation in a romance novel? The general rule is that if a fact or reference is thought of as common knowledge, it need not be cited. The definition is a function of audience, though. Here's a good quiz for when something is CK or should be cited: http://xnet.rrc.mb.ca/leshanson/Hot_Potato/Reference_Citations.htm And here's a good summary: http://ww.uta.fi/FAST/PK6/REF/commknow.html
There are things about Native American history that are taught as basic social studies in North America, which don't need attribution. I think most Canadians and US citizens educated in public schools have a common understanding of what longhouses, teepees, pemmican, wampum, etc. are. But CE's copy and paste were not about generic things like that, but very specific NA history, customs and animals.
I don't need (and don't think an author must) cite her sources for the menu or her characters' dinner party...unless she copied the menu word for word from the archive of some old family. Then it would be right (IMO) to note that the menu came from So and So's Family Records. Same for clothing: chemises, stockings, etc. aren't extraordinary and I think most readers understand the evolution of clothing. But if an author dresses her heroine in a blue-grey velvet riding habit with military-style epaulets, bone buttons, and black piping exactly like the print she saw in a book on 18th century clothing (and described in the caption exactly as she described it in her book), then I would hope that she acknowledged that as well.
To me, using an historical place like White's as part of a setting, or having your heroine dress in a white Empire-waisted dress and drink lemonade at Almack's are both simply using historical conventions that are understood and accepted by the audience. Describing your heroine's dress by cutting and pasting the description from an archival copy of Godey's Lady's Book is not taking advantage of the audience's common knowledge, it is stealing someone else's words, even if that person is long dead.
But that's just me. MMV.
There's a lot more succinct information at DA and SBTB, but it's hiding among the fangirl complaints and general outrage.
no subject
GWTW: the sequel by Alexandra Ripley and the book written from Rhett's perspective last year were expressly authorized by the Estate of Margaret Mitchell. I believe that they may own the copyright on those books in conjunction with the authors. The Wind Done Gone was not authorized but in litigation was found to be a parody, which is a defense/exception to copyright infringement.
Did CE copy? SBTB and DA have each posted sections of CE's books next to sections of source materials. In some cases, the punctuation has been changed and a character's name added, or other minor revisions like splitting one sentence into two, but large phrases are the same. In other examples, the sentences are identical, word for word.
What needs citation in a romance novel? The general rule is that if a fact or reference is thought of as common knowledge, it need not be cited. The definition is a function of audience, though. Here's a good quiz for when something is CK or should be cited: http://xnet.rrc.mb.ca/leshanson/Hot_Potato/Reference_Citations.htm And here's a good summary: http://ww.uta.fi/FAST/PK6/REF/commknow.html
There are things about Native American history that are taught as basic social studies in North America, which don't need attribution. I think most Canadians and US citizens educated in public schools have a common understanding of what longhouses, teepees, pemmican, wampum, etc. are. But CE's copy and paste were not about generic things like that, but very specific NA history, customs and animals.
I don't need (and don't think an author must) cite her sources for the menu or her characters' dinner party...unless she copied the menu word for word from the archive of some old family. Then it would be right (IMO) to note that the menu came from So and So's Family Records. Same for clothing: chemises, stockings, etc. aren't extraordinary and I think most readers understand the evolution of clothing. But if an author dresses her heroine in a blue-grey velvet riding habit with military-style epaulets, bone buttons, and black piping exactly like the print she saw in a book on 18th century clothing (and described in the caption exactly as she described it in her book), then I would hope that she acknowledged that as well.
To me, using an historical place like White's as part of a setting, or having your heroine dress in a white Empire-waisted dress and drink lemonade at Almack's are both simply using historical conventions that are understood and accepted by the audience. Describing your heroine's dress by cutting and pasting the description from an archival copy of Godey's Lady's Book is not taking advantage of the audience's common knowledge, it is stealing someone else's words, even if that person is long dead.
But that's just me. MMV.
There's a lot more succinct information at DA and SBTB, but it's hiding among the fangirl complaints and general outrage.