Life, as we know, is rarely fair; and things, as we also know, are rarely equal. And, it would appear, never has life been less fair or more unequal than in the case of Rowe vs. Literary Estate of P. G. Wodehouse. As the more tenacious of readers to this blog may remember, some years ago I had the itch to write a literary parody of P. G. Wodehouse‘s immortal characters, involving Bertie Wooster and Jeeves and the gang in a bloody mash-up with zombie literature. The result was Bertie Wooster and the Lizard King, a work that even its staunchest literary champions would admit posed absolutely no threat to Wodehouse’s standing as one of the titans of English comedic prose style.
Being the honest cove that I am, I approached the estate for permission to print or distribute—for free or with monies going to a charity of their choice—and was told never to disseminate this work in any way. Imagine, therefore, my surprise when one of the fans of BWLK emailed me with a link to a collection of parodies of Wodehouse currently for sale on Amazon, expressing the hope that its presence would encourage me to do the same. Entitled Whimsy & Soda, this book by Matthew David Brozik is not discernibly different in genre than mine (although probably a good deal funnier and better executed). Like mine, Mr. Brozik’s volume contains all sorts of disclaimers that it hasn’t been authorized and is a parody, and so forth. Why, one is tempted to ask, is this book OK, and mine not?
In fact, Mr. Brozik had contacted me in 2012 to find out how I’d coped with the Wodehouse Estate. He took things into his own hands, and has written about it (amusingly and fluently) it here (I’m the sad unfortunate whom MDB mentions!). In further correspondence today, he writes:
I entered into a written agreement with the Estate. After the Estate came down on me, my well-regarded IP [Intellectual Property] lawyer colleague/friend and I wrote the Estate’s counsel a letter explaining just why they were in the wrong, legally. They backed down on three conditions: 1. I couldn’t write any more than the 12 stories in my collection; 2. I had to change the title (I proposed, and the Estate agreed to, WHIMSY & SODA); and 3. I had to indicate in the book itself that the stories are parodic and not authorized. I considered the whole thing pretty much a win.
So, there you have it. I will have to consider my next steps.