The "new" Dana Girls books are called The Secret at the Windmill Estate and The Mystery of the Cameo Curse. These are not new stories. They are actually Kay Tracey books that have been "rewritten" into Dana Girls books by someone. While names have been changed and passages have been partially rewritten, the "new" Dana Girls books have heavily plagiarized the two Kay Tracey books.
Here is the beginning of the Kay Tracey book, The Secret at the Windmill:
Three high school girls, their arms loaded with textbooks, raced across the Carmont station platform, swinging aboard the train just as it started to move.Here is the opening of the "new" Dana Girls book, The Secret at Windmill Estate:
"One day we'll be a second too late," Betty Worth declared, brushing a wisp of blond hair from her eyes. "Kay Tracey, you're a regular sprinter when it comes to catching trains at the last moment!"
"I don't like to stand around at a station platform when I can find more interesting things to do," Kay responded, her brown eyes twinkling. "Besides, foot racing is good for the figure."
"If we keep pace with you we'll be skeletons before the school term ends," Wilma drawled. "Look at me already."
Two school girls raced across the Penfield station platform, swinging aboard the train just as it started to move. The train slowly left the station in the late afternoon sunshine.The above passage is taken from the preview that appears on the link that I provided near the beginning of this post. I have not purchased these books, and I do not intend to do so. They sound interesting, but I do not find them interesting enough to want to pay nearly $20 for each of them. Perhaps if they were less than $10, I would at least consider it.
"One day we'll be a second too late," Jean Dana declared, brushing a wisp of blond hair from her eyes. "Louise, you're a regular sprinter when it comes to catching trains at the last moment!"
"I don't like to stand around at a station platform when I can find more interesting things to do," Louise Dana answered her sister, her eyes twinkling. "Besides, foot racing is good for the figure."
"We'll be skeletons before the school term ends," Jean said. As the days grew longer and the temperature became warmer, she knew that Summer would soon be upon them.
The copyright pages, which can be seen in the preview of the books, refer to the books as parodies. Parodies are protected under copyright laws, so by calling the books parodies, the author was able to get a publisher to accept them. By definition, a parody "imitates the characteristic style of an author or a work for comic effect or ridicule." First, I do not believe that these texts are intended to ridicule the original texts. Second and more importantly, these texts are much more than imitation. Large portions of these texts are identical to the original books. This is plagiarism.
Both the Dana Girls and Kay Tracey series were properties of the Stratemeyer Syndicate, which was purchased by Simon and Schuster. I doubt that Simon and Schuster gave permission for these books to be published.
As to whether collectors should purchase these books, that is an individual decision. Some collectors have expressed positive opinions and will be purchasing them. Others, like me, will not be purchasing the books. Mainly, people need to be aware that these books are not completely new stories.
9 comments:
"Parody" may have one or more dictionary definitions but for the purpose of copyright law, only the definitions included in the law itself or those guidelines which are generated by judged cases apply.
Almost 10 years ago there was a case about a "parody" of Gone with the Wind called The Wind Done Gone which retells the story from the perspective of the slaves on the plantation. Looking at Wikipedia entries, it appears that the case was settled out of court so it may not have set a precedent to clarify the legal definition of parody.
Wikipedia on Parody
Wikipedia on The Wind Done Gone
There have been other cases but this one probably had the highest profile in recent years.
If Simon & Schuster revived plans to create a new Dana Girls series, they might look closer at efforts like these.
James
The fellow who wrote these sent me partial manuscripts a few years ago because I had an original 'retro' Dana online - which I did not pretend to be the real thing. It was clearly labeled a fanfiction written by me.
The reason he did these is because he wanted to write Dana Girls books, but believed he did not know how to write - so he copied the Kay Tracey books. However, he had also written a few chapters of an 'original' Dana, something with Calypso in the title. And it was very good. He did not have to resort to blatant plagiarism to get himself a Dana or two.
These books are advertised as being original and authentic Danas. You don't learn they are copied 'parodies' until you look in the book, which most buyers won't until they get the book. I agree that they are not parodies, they are plagiarized 'copies'. There is nothing about them that fits the criteria of a parody. They are both the same story as the originals with only character and location names changed.
It is a literary hoax. But a good one. Even now that we are talking about it and showing it for what it is, most fans will buy the books, just to have them. I did.
However, if S&S gets wind of it, this fellow can be in a lot of trouble. These are not parodies by any stretch of the imagination; they are plagiarized copies. I think he's taken a big chance by putting them out there for sale on well-visited websites.
Mike
I think he's taken a big chance by putting them out there for sale on well-visited websites.
I agree. The chances are that Simon and Schuster will not care, but what if they do? The result could to disastrous to the author. Just the idea of what might happen if someone were to publish a plagiarized story is enough to keep most people from doing it.
For people who think that these could be legit releases... consider that the books are not available on Amazon.com. That tells it all. The books are available direct from the publisher and from sites used by third-party sellers such as eBay and Bonanzle. These books are not listed in Amazon's inventory; therefore, they are not official releases.
Now, I realize that the books could still show up on Amazon eventually by a third-party seller, but I doubt they will ever show up with Amazon itself as the seller. Checking to see if Amazon has something in its inventory is a good way to get a idea of whether something is a legitimate release or something fake.
If this does constitute copyright infringement and perhaps more so if it is a trademark infringement, Simon & Schuster may well have to take action once they become aware of it. Failure to do so might cost them some of their rights as the trademark/copyright holder.
Actually, the more important issue might involve the 'author' Carolyn Keene. I seem to recall she was involved in another girls' series of some sort.....
The books being copied are apparently Kay Tracey books -- was Kay Tracey also a Stratemeyer series or is there someone else who has an interest in the matter?
Both the Dana Girls and Kay Tracey series were Stratemeyer Syndicate books, so Simon and Schuster now holds the rights to both.
S&S certainly cares about Nancy Drew, which is by Carolyn Keene as well. Carolyn Keene is a pseudonym for the people who wrote the books for the Stratemeyer Syndicate. S&S may not care much about the Dana Girls or Kay Tracey, but since the plagiarized books are supposedly by "Carolyn Keene," it certainly could affect Nancy Drew in an indirect fashion. This is the first time I've ever seen something unauthorized put into print using the author name of Carolyn Keene. S&S may very well decide that they care.
This is the first time I've ever seen something unauthorized put into print using the author name of Carolyn Keene. S&S may very well decide that they care.
*********You really do have the knack for hitting things right on the head. I hadn't considered that aspect of it. These books claim to be written by Carolyn Keene, quite a BIG name to involve in a hoax and a fraud. I think I'd be packing my bags and heading out of town right now if I were the person who did this!
According to the US Patent and Trademark Office, the trademark for "Dana Girls" is "Dead". Of course, I have seen this for "Tom Swift" at various times only to see a new registration. It seems that "Dead" is not so permanent in the trademark office.
USPTO.gov Trademark Basic Search
Try "Dana Girls" and "Kay Tracey". The copyrights are still in force, I believe, unless they filed to renew the KT stories. To check that see:
InCopyright.org
I don't know if you can have any sort of trademark on an author's name, especially a pen name. After all, a real person could legitimately have the name.
I'm not defending these copies. It is useful to call them what they are and not suggest that they are lost stories.
James
James, did you know that the Dana Girls appear in the latest two Nancy Drew graphic novels? Nancy goes to Starhurst to team up with them on a case. Obviously S&S is still using them as characters.
I have nothing against these books other than they have been advertised that they are something they're not. Also, I was told that one of my Dana fanfiction novels was printed and bound, so I'm hoping it doesn't suddenly come out as one of these. And I am interested in what the repercussions can be of publishing and selling to the public unauthorized books about characters that are owned by a company as big as S&S - books copied from already existing books still under copyright.
It'll be interesting to see how this plays out. And you can bet it will. This is much bolder than when the Phantom Friends used Stratemeyer characters in The Whispered Watchword and got beat on by S&S.
I think these rip offs are very poor indeed. I actually got together with a friend back in the day and we contacted S &S to ask about a dramatized version of Ghost in the Gallery as a stage play. Easier sets since half the action is in a theater. There was no response from the company; a phone call suggested they would be more interested in a finished script before a decision would be considered and the purpose. We drew from this they might be receptive to local fundraising types of performance. With no guarantee there would not be an issue, we scrapped the idea and used an existing property. These books are plaigirism veiled as an effort to provide Dana fans pseudo stories. Surprising since some Kay Tracey books were in pb format with mod covers as recently as 20 years ago.
Junior
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