Screenplay: Plagarism?


*Possible spoilers*

Paul Laverty, in my view, has written a remarkable film in "The Wind that shakes the barley", but I am not at all sure that there is not a case to be made here for a degree of plagarism. Having just re-read Walter Macken's novel "The Scorching Wind", first published in 1964, I see many similarities between Macken's book and this film. For a start, Damien in the film is a mirror image of Dominic Duane in the novel - a medical student training to be a doctor who at first reluctantly finds himself in a fight for Irish independence, together with his brother and their country friends. Teddy in the film is similarly a mirror image of Dualta Duane in the novel and, like Duane, Teddy is transformed into an officer of the new Irish Free State and it's provisional government - totally at odds with Damien who, like Dominic, see's the acceptance of The Treaty with the British as a betrayal of their sworn oaths and thus Teddy and jis ilk as traitors to the reality of a genuine Irish Republic. As in the book, the two brothers find themselves at war on opposing sides - in the book Dualta is shot dead, whilst in the film Damien is executed on the words of his own brother. There are many other startling similarities between book and film, but Walter Macken's contribution, as far as I can determine, is acknowledged nowhere, in any shape or form. To me this is a great shame and it is something that should be righted.

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I am in the midst of reading The Scorching Wind, which I got from The Book Depository after reading your post here. SW is part of a trilogy by Macken, which tells the story of three different Irish/British conflicts in three different centuries, using the same names, Dominic and Dualta Duane, for the main characters. I am reading SW, the third book, first, because of the movie.

So far, the resemblance between the book and the movie is definitely more than coincidence, although, as is natural with a movie, there is more in the book. I am not sure if it could be termed plagiarism, though, since the story is pretty common, brothers ending up on opposing sides in a conflict. It happened in the American Civil War, too. I do wonder if the author of the screenplay knew about Macken's book. Be interesting if someone could contact him and ask.

Update 3/21/10:

I finished The Scorching Wind last night. I have to say that I wonder if the screenwriters were aware of this book, because almost the whole plot of the book is in the film, although changed around and names changed. In the book, the Free State brother is killed, possibly by his brother, but that is left ambiguous.

I don't know if an actual charge of plagiarism would stick legally, since the dialogue is not taken directly from the book and changes were made. But, if the film people knew about Macken's book, they are probably morally guilty of plagiarism. I wonder if Macken's estate ever said anything. The book was published in 1964, and Macken died in 67, so maybe the copyright is defunct after 45 years. But I still think there may be a moral cause of complaint, if, as I say, the writer of the film were aware of the book.

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Seen the film and read the book, I'd say no. The themes of the book and the movie have been done many times over in different war settings because unfortunately it's a theme that has mirrored reality quite a few times in civil war situations.

I recommend both the book and the movie, both were great.

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