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I'm writing a graphic novel about superheros and some of the elements of the story are similar to Percy Jackson. For example, one scene in my book is one of my characters deciding to save a kidnapped superhero; or, one of my superheroes can heal themselves by going into water; another thing in my story is that the characters are also half superhero, half human; the chapter names are also similar, like "Agrurus sprays us with a fire extinguisher". I want to avoid getting a lawsuit.

Ben
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If a few plot elements of your story line up with wn existing work, there is likely little basis for someone to claim you’ve infringed on their copyright.

If your plot is a literal duplicate of an existing work, then there could be a strong case that you’ve infringed on their copyright.

For instance, from your brief description, your story sounds similar to the premise of the movie ‘mystery men,’ but not in a rip-off sort of way. I also image its similar to any number of Marvel or DC storylines. Heroes rescuing heroes seems like standard fare for that market place.

As a general guideline, as long as your characters have unique personalities and motivations and they are driving the story forward, you’ve little to worry about due to similarities to existing stories. That is because the character elements come from you and that will tend to make them unique. That results in very personal storytelling.

Also, it’s a common concern for new creatives. In my observation, its often used as an excuse to stop writing or developing a piece. In the end, it doesn’t matter. Just create your story; finish your story; make it the best story your can. Statistically speaking, no one will want to buy it because it will suck. Most of my first stories were awful. But finishing a story will teach you how to make better stories. If you keep working at it, you’ll be succesful.

EDL
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All juvenile power fantasies from 1st-time authors are similar

There's even a trope for it 'Mary Sue', named for the MC in a parody of fan-fiction A Trekkie's Tale by Paula Smith, a fanzine editor who had read too many stories about the same 'archetype' and decided to label it.

Mary Sue is the MC every 1st-time author creates because that character suits a very appealing story-pattern for children.

This character is 1-dimensional by design, receives all the gifts the author can imagine, and has no flaws or limitations (sometimes they are poor, but this is temporary). Their purpose in the story is to go on adventures, succeed at a series of tasks, and be admired by other characters – it is the world-projection of the values of a child.

For clarity, I am directly referencing Percy Jackson by a first-time author Rick Riordan writing to entertain his kids, but there are endless examples.

Stories for children are reliable

The 'tasks' (therefore the plot) resemble puzzles and games and sports – things a child is familiar with which have clear winners and losers. When female-coded the 'winning' is often about popularity and social advancement but still very much a competition among peers.

These tasks never resemble adult conflicts like economic reality, or navigating un-winnable power-imbalances, discovering everyone at your job is crazy in some self-sabotaging way, unrequited love, the Holocaust, or learning to accept your own limitations which you cannot change – these are things a child does not understand and these stories would not appeal to them.

Superman is a Mary Sue. So is Hercules, Aladdin, Moses, Jesus.... This archetype is eternal because every child fantasizes about having magical abilities, being smarter/stronger/cooler than the adults, secretly being a changeling born to higher-status parents than the ones you actually got, and always winning against all oppressors, always.

Maybe most important of all, childish heroes receive praise and in-world recognition of their specialness – things a child craves to build confidence.

Adults write stories for children and hijack what the child wants with ulterior messages like moral right-and-wrong, good citizenship, and cultural values. Kids are obviously just fine with a power-and-attention fantasy like how they might choose cake and ice cream for dinner – immediate sugar-gratification and no spinach.

Why a Mary Sue is ridiculed

The ad-absurdum antagonist for this over-powered, under-characterized archetype is a similarly 1-dimensional antagonist that exists only to threaten the MC's friends. Despite this antagonist being much older/stronger/wilier and literally defined within the story as being all-powerful and undefeatable, the Mary Sue defeats it (sometimes at great sacrifice which only makes their friends love them even more).

As children develop into teens then young adults, the stories that appeal to them change as their worldview and experience grows. Differences in character motivations emerge, plots become complicated, and the outcomes of the story become slightly less assured (sometimes gasp even unwinnable).

The Mary Sue archetype falls apart when paired with adult themes. At various stages of transitioning into adulthood, the things we liked at a younger age are rejected. They no longer serve their purpose. They are 'for babies'. There are a host of tropes and clichés that go along with the limitations of children's stories, and it becomes a rite of passage to analyze and reject these things.

Write for kids!

Stories for children are not 'bad', but a Mary Sue archetype who has unearned superpowers and always wins is, let's be real, not a 'literary' character for adults – it is popcorn, a bedtime story, kitsch. It is fish-sticks and mashed potatoes for kids with un-sophisticated paletes who are not ready for adult food. They need the story to be familiar and dependable.

Mary Sue archetype belongs in a fairytale for children, which is what you are writing. No, it is not 'original'. As you have discovered, it's possible to write the same character and the same situations without even being aware of the other story. This happens all the time, that's the reason A Trekkie's Tale was written, to highlight how repetitive and obvious it can be to adults.

But like any other genre, authors can employ trope-subversions, unlikely perspectives, clever plot twists, and recontextualization to find new stories within old archetypes. If you are concerned that your story is too similar to something that has already tapped into mass-appeal, either accept that you are all feeding from the same source, or learn how authors can play with reader expectations while still finding new things to say, and new ways to say it.

As a last example, Dorothy Gale (of Oz) is the Mary Sue archetype, but a subversion who is a powerless orphan, of no importance in a fantastic world. She still goes on the adventure and ends up loved by all. Functionally the same story, but she's the only person who is un-remarkable.

wetcircuit
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