Writing a Novel based on a Self-help Guide Book

Question

I just want to be clear on this before I do any sort of writing with regards to the subject.

So I have an idea for a novel that shows a person trying to obtain his objectives using the lessons and ideas of a famous (and real) self-help book.

My question is, do I still need to ask permission from the author of the self-help book before writing/publishing it since I used ideas from his book?

Another question, would I still need to ask permission from the author of the self-help book even if I don't mention the title of his book but still used some of his ideas?

Answer 1

If you are using the exact title or exact quotes or ideas from the book, you will have to ask for the writer's permission as otherwise it would be considered as copyright infringement and plagiarism.

If you're using some general ideas, that are not specifically his (not imposed or put forward only by him) then you can go on without asking permission. But it is still better to ask for it, and give him credit throughout the book. I don't see why the permission won't be granted.

Answer 2

A real-life case of this (not a self-help book but a cookbook) is the book (and movie) Julie and Julia: 365 Days, 524 Recipes, 1 Tiny Apartment Kitchen.

Julie Powell's book is about her experiences of making every recipe in Julia Child's classic Mastering the Art of French Cooking. It's told in a novel-like style, though it is nonfiction.

As it happens, someone has written about the legal ramifications. First, the basic copyright issue. In this case with recipes, but also with idea. The conclusion is that, no, using the recipes and the ideas in Child's book is not a copyright violation.

Second, is a legal issue called "right of publicity." This conclusion is that there is a possible but unlikely potential violation requiring permission. But that Child's death also made the problem a lot less important. Here, the issue is using the name and persona of the first author to promote the book of the second.

So you have two choices:

1. Write the book and let your publisher (or your lawyer if you self-publish) work out the details before publication.
2. Get permission ahead of time.

Answer 3

Yes you do.

You don't have to do it because of copyright issues however unless you quote from him frequently.

The reason you need to do it is that the author likely has an existing fan base.

If your novel is of good quality and supports his ideas (and credits him for those ideas), don't you think he would promote it to his current fan base?

It would be criminal to give up that free publicity.