Sunday, December 18, 2011

The "Chronicle" Character Case

García Márquez Wins Case on Copyright of
Chronicle of a Death Foretold

The 1982 Nobel Prize in literature, Colombian writer Gabriel García Márquez, has recently won a case for his copyright on his Chronicle of a Death Foretold (Crónica de una Muerte Anunciada). The complaint had been filed by the real-life character, an insurance man, matching that of Bayardo San Román in that novel. García Márquez had suggested that there was a Leit Motif that inspired him and that was simply that the central mechanism is the story of the man who returned his wife to her parents on the same wedding night after finding that she was not a virgen. He added that except for the dramatic context, the rest of the story is fiction (false), created by him, and that all characters are fictitious and have no match in real life.

The Superior Court of Barranquilla (Tribunal Supremo de Barranquilla) did not find any reasons to honor any of the several plaintiff's claims on copyright, invasion or privacy, and other honor related issues such as damage to his reputation, as filed.

Beyond his Chronicle, García Márquez is most notably recognized for his One Hundred Years of Solitude, and The Autumn of the Patriarch (El Otoño del Patriarca), a rather poetic and complex narration of a Latin American dictator's fall.

As per my literature teachers of various European origins, most notably Spaniards and French, around 1982 García Márquez had been awarded the Nobel Prize in literature solely for his materpiece One Hundred Years of Solitude. This theory was probably supported by biographer Jacques Gillard whom I met around that time at the Alliance Française de Barranquilla. An opinion that contradicted the native Latin American literature critics who considered him a Nobel Prize winner based on his comprehensive works, including novels, short stories, essays, and movie scripts. The former vision suggested that until 1982 every other work was simply an extension to his materpiece while the latter considered it to be a comprehensive work in process, which has continued to grow to today's date.

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