What happens when a character takes on a life beyond its author's original work, and who should benefit?

With an increasing number of options for print-on-demand (POD) and electronic publishing available to publishers and authors alike, it's important for both to pay careful attention to the provisions in their contracts that define what conditions must exist for a work to be considered out of print and the rights subject to reversion.

Steven Galloway, the author of The Cellist of Sarajevo, asserts that although the title character of his novel was inspired by a real-life musician, he is under no obligation to secure the real person's permission for depicting him--or a character very much like him--in a work of fiction. The author has used the same setting, the number of days the cellist plays, the same musical selection (Albinoni's Adagio), and the moniker given to the cellist by members of the media who originally covered the story.

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