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Plagiarism
is one of the ugliest concepts in the writer's lexicon. Simply put,
plagiarism is theft--the direct theft of another writer's work. I'm not just
talking about borrowing a concept that the writer used, but actually taking
that writer's words and publishing them (or using them in a report, or
putting them out before the public in any way) as your own. Making minimal
changes in those words is also considered plagiarism. For example, if the
original writer wrote, "More than 25 percent of all adults above the
age of 25 have cheated on their taxes," you can't simply rewrite it to
say, "25% of adults above 25 have cheated on their taxes." That's
still plagiarism. Plagiarism
and the Internet Plagiarism
is, unfortunately, common on the Internet. Some people practice it
innocently enough, not understanding that they're stealing (though this
doesn't excuse them), or that they're required to quote or even buy material
they lift from elsewhere. But most people know full well that what they're
doing is stealing. I've heard horror stories about fanfic taken directly
from one site and posted elsewhere with someone else's name on it. I
had a minor brush with the issue a few years ago. I run a website for the Rocky
Mountain Skeptics, and my name is on the bottom of every page, along
with a copyright notice. Every so often I search on my name in different
search engines to see who's linking to me. Imagine my surprise when I
checked Alta Vista and a single page with my name turned up under an unusual
URL. I traveled to that page and found an exact duplicate of one of the
pages from the RMS site, with one minor change: Whoever had pinched the page
had added a bit of code to start a series of Romanian porn ads popping up on
my screen! In retrospect this was pretty funny, as the moron hadn't even
bothered to remove my name from his/her theft, but at the time I was highly
annoyed. Never mind that the page stolen was a minor one that no one cared
about or would even think to search for; the point was that this was MY page
that some stranger, for reasons that remain a mystery to this day, was
playing with without my permission. Luckily, the moron had posted this page
on one of the free hosting sites with a very clear plagiarism policy, and as
soon as I complained to the host they took it down. The
moral of this story, besides the obvious one, Don't Plagiarize, is that you should occasionally search for
yourself or for a phrase in your online work to see if it's been stolen. The
latter is probably the best idea, since most plagiarizers won't be as stupid
as the one that hit me and will know to take the original writer's name off.
Search on an unusual phrase that someone else isn't likely to have
duplicated. Effects
of Plagiarism on Known Plagiarizers Writers Charges
of plagiarism can seriously damage a writer's career. You may recall the
controversy surrounding the late history writer Stephen Ambrose. He was
charged with stealing material from a book written some years earlier. He
claimed to have been guilty, not of plagiarism, but of incorrectly
attributing quotes taken from that book (mostly by not putting quotes around
them or setting them off in any way). Regardless, his reputation was
tarnished, and the incident was mentioned in his obituaries. Another
writer, Doris Kearns Goodwin, wrote an extremely popular book, The
Fitzgeralds and the Kennedys, that turned out to have had large chunks
plagiarized from other sources. She lost her position as regular guest on NewsHour
with Jim Lehrer and has withdrawn all unsold copies of her book in order
to address the issue. Her publisher had also settled with the author of one
of the sources for an undisclosed sum. Will readers ever trust her again? A
fanfic writer known to plagiarize others' works will be shunned by everyone
who knows about that person's tendencies. Neither Rooftop Sessions nor
Rational Magic will ever publish the work of a known plagiarizer. Why should
we treat with thieves? Musicians As
Beatle fans, we're all aware of George Harrison's brush with plagiarism,
when "My Sweet Lord" was said to have been plagiarized from the
earlier "He's So Fine." Sit down someday and listen to the two
songs. There isn't that much musical similarity between them, but they're
structured similarly and have identical progressions of notes for the
chorus. George was ruled to have "unconsciously" plagiarized the
earlier song. He had to pay a considerable chunk of money to make good. Another
Beatle who ran afoul of plagiarism charges was John, in "Come
Together." The first line of the song is "Here come old Flattop/He
come groovin' up slowly." This line was pinched from a Chuck Berry
song, "You Can't Catch Me." The original line was "Up come a
flattop/He was movin' up with me" As this was a relatively minor act of
plagiarism, John's payment (to avoid a lawsuit) was to record an album with
some old Chuck Berry songs on it--1975's Rock
and Roll. Both of these examples illustrate the fact that you don't have
to make a perfect copy of someone else's work to be guilty of plagiarism. On
the other hand, there are examples of songs that sound like other songs, but
the original songwriter didn't sue for whatever reason. If you're familiar
with the musical Singin' in the Rain,
you might know that the song "Make 'Em Laugh" is an almost
note-for-note rewrite of the song "Be a Clown," and people
associated with Singin' in the Rain
remain grateful that Cole Porter, the composer of "Be a Clown,"
didn't sue. But in today's ultra-litigious atmosphere, you can always assume
that plagiarism will result in a lawsuit. Plots
and Ideas Plagiarism
of plots and ideas is harder to prove than plagiarism of words or music. As
there are no truly original plots left, it's usually impossible to claim
that so-and-so stole your idea outright. (Otherwise, the Tolkien estate
would be in constant litigation, given all the Tolkienesque fantasies being
published every year!) The trick to originality these days is how you treat
the idea you've chosen to use. For
example, say you're writing a story using the Beatles as depicted in Help!,
which is a common portrayal. (Let's also assume that you're not using any of
the fictional characters from the movie, which would be an issue of
copyright infringement and thus beyond the scope of this article.) It would
be legitimate to have them using the four-doored house as a base. But people
would start to raise their eyebrows if Islamic cultists invaded the house,
or Ringo found himself facing a lion, or they traveled to the Colorado
Rockies to go skiing... in other words, light rewrites of key plot elements
in the movie are NOT kosher. Similarly, if you plugged in recognizable
elements from other stories (e.g., if a yellow submarine pulled up outside
the house and took the Fabs on a ride to save Pepperland), you would begin
to veer dangerously close to plagiarism. You could get away with such
behavior if you were doing a parody or satire, but not in a straight story. You're
better off, both legally and creatively, to come up with completely new
adventures in the Help! mythos.
Maybe the Beatles are asked to solve a murder mystery. Maybe they're trying
to rest up to record an album but are besieged by fans. Maybe their vending
machines come to life and try to take over their house. Do you see what I'm
getting at? Actually,
you're even better off if you come up with Beatles stories that don't
intersect, except in VERY limited ways, with existing fictional treatments
of the Fabs. The Beatles are public figures and have given up a certain
amount of privacy in exchange for fame and money; they're fair game for
fanfic. Fictional works about the Beatles, on the other hand, are
copyrighted property, and you're risking a cease-and-desist letter (or
worse) if you borrow from them. Legitimately
Using Others' Words I
want to make clear the difference between using
someone's work and stealing
someone's work. It's perfectly acceptable--indeed, necessary--to use the
original writer's words thusly: "So-and-so said in her book XYZ that 'More than 25 percent...' etc." If you're writing for
publication or for school, especially nonfiction, you would also provide a
formal bibliography, but at the fanfic level you don't need to go to such
lengths (unless for whatever reason you had quoted a lot of material and
wanted to be thorough). You should, however, always attribute quotes from
songs and so forth--footnotes are fine. (You don't need to attribute titles,
just lyrics.) For example, if you quote from In
His Own Write, you should always: 1.
Make it clear that John Lennon wrote those words; 2.
Say that the words come from In His
Own Write. Example: "As John wrote in In
His Own Write, 'Blah blah blah.' ") If you want to be formal,
provide a citation instead. Example: "Blah blah blah." (Lennon, In
His Own Write, p. 32). You don't have to put that information in the
text; you can footnote the page, which is less intrusive, especially if
you're writing fiction. 3.
Set off those words in some way that distinguishes them from your own
material. "Quotes work for short pieces." For longer chunks of
material, such chunks should be set off thusly--no quotes,
indented, and clearly separated from the main bulk of the document. This is
established practice in publishing. For fanfic, you're probably not going to
run into this issue, but it's something to keep in mind if you decide to
write nonfiction, and it's definitely a good thing to know if you have to
write papers for school. School is the place where plagiarism is probably
most prevalent; if you're caught, you can kiss your grade goodbye, and you
can even be expelled from many schools. A
minor exception can be made for dialogue that consists of song lines or
words that your character has spoken in the real world. You don't need to
attribute each line (which would be hideously cumbersome). For example, if
you're writing a story about the Let It Be recording sessions, you
might want to use a few lines of genuine dialogue, such as when George says
"I'll play whatever you want me to play." But if you're writing
fiction, don't take all your dialogue from reality; you want to exert your
own creativity, not quote the Beatles word-for-word! A real line here and
there will add a realistic dimension to your work without compromising your
fictive powers. As for using song lyrics or titles as dialogue, I suggest
you not do this, as it's been done numerous times and is quite boring. The
Limits of What You Can Call Your Own Just
because you attribute all your quotes doesn't mean that you can pass off a
document as your own if your document consists of mostly quotes. Think of
this as being the same as a website that consists only of links to other
sites, even if the links have short descriptions appended. It's nice that
the site creator put in the effort, but the work is really no more than an
annotated index--it's hardly a creative endeavor, and no one would ever
consider it such. If you quote heavily, you're expected to provide a
correspondingly larger chunk of your own work, be it a fictional wrapper
around those quotes, hefty analysis, etc. Along
those same lines, you cannot
publish another person's work in your own book, on your own website,
etc., even if you fully attribute it, without permission from that person.*
If you feel that it's OK to do this because you're not making any money from
it, you're still in the wrong. There are lots of reasons why doing this is
harmful to the creator of the work, not the least of which is that by
"diluting" the work you make it harder for the creator to make
money with it. If everyone has seen that person's work for free, why would
they want to pay for it elsewhere? And think: How would you feel if you
worked very hard on something you wanted to sell, and suddenly it appeared
in a dozen different places, and no publisher would touch it any more? *
There is such a thing as fair use,
where you can use a few lines from a song, a paragraph from a short story or
book, etc., without having to get permission. For example, Sandra Ulbrich
did not have to contact John Lennon's estate to quote from his song
"Move Over Ms. L" in her fanfic
of the same name. You're
still required to make it clear that what you're using is a quote, though,
as mentioned above. Avoiding
Plagiarism in Your Own Work If
you think you're writing Beatlefic (not parody or satire but straight
stories) that could be plagiarizing another author’s work, and you
sincerely don't want to do this, here's a checklist of questions to ask
yourself about your story: 1.
Did I take the framework of my story from another source? (1) 2.
Are my secondary characters identical to, heavily similar to, or slightly
based on characters from another source? (3 if identical, 2 if heavily
similar, 1 if slightly based on) 3.
Am I rewriting a story that I read somewhere else? (2) 4.
Did I take a notable amount of material directly from another story or an
interview? (3) (If yes, skip to #6) 5.
Did I take a couple of lines or phrases from another story or an interview?
(1) 6.
When people read this story, will they think of another story that's very
similar? (1) 7.
Did I quote from songs or other stories without letting my readers know who
wrote those songs or stories in the first place? (3) 8.
Do my Beatles do things very similar to things that which the Beatles did in
others’ stories? (2) 9.
Do things happen to my Beatles that are very similar to things that happened
to the Beatles in others’ stories? (2) 10.
Was I heavily influenced by an existing story but didn't acknowledge this
influence? (1) For
every question to which your answer is "Yes," add the number in
parentheses. If your score is 0, you're cool. If your score is 1, you don't
have much of a problem unless you're being really blatant about it. If your
score is 2, you're veering dangerously close to plagiarism and should
consider a rewrite to fix the problems. A score of 3 and up is definitely
plagiarism, and you MUST fix the problems. A score higher than 6 means that
you might as well scrap the story, since there probably isn't enough
original material in it to qualify it as your own. What
To Do If YOU Are Plagiarized If
you find that one of your stories, or even a paragraph, has been
appropriated by some sleazoid, you need to take immediate action. If the
item is being hosted by a free host such as GeoCities or Tripod, immediately
email the webmaster or someone in charge and demand that the offending item
be removed. Other hosts (e.g., Mindspring, AOL) have plagiarism policies and
should also be approachable--or, if nothing else, if the thief has a
recognizable email address, you can complain to the email server host. If
this isn't feasible or doesn't result in anything useful, send an email to
the thief yourself, demanding that the thief perform such steps as to
restore your material to you (e.g., take her/his name off the story,
attribute large quotes to you, etc.). If this doesn't work, send another
email threatening legal action. If nothing comes of this, have someone else
follow up pretending to be a lawyer (or, if you have a lawyer in the family,
have that person write the email). And continue to follow up, threaten, etc.
If you can afford it, and you figure out where the sleazoid lives, sue the
bastard! If not, just keep at it; don't be intimidated by silence. You've
been ripped off, and you have every right to harass the thief until you get
satisfaction. The
Phenomenal Women of the Web website has a good plagiarism
page with links to all sorts of helpful legal sites. Conclusion As
a writer, you should shun plagiarism in all its forms. Legal issues aside,
why would you want to be known as someone too inept to come up with your own
material? Are you so desperate for praise or recognition that you'll resort
to thievery to get it? If you're trying to honor a story that's had an
influence on you, do you think that creating a Xerox copy of that work is
the best way to tell the author how much you loved the original? |
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D. Aviva Rothschild is best known to Beatles fanfic fans as
the author of the Beatles fantasy novel With
Strings Attached, which may actually be finished someday. She's also
the editor-in-chief of the webzine Rational
Magic, where she publishes others' fiction, poetry, and anecdotes as
well as her own book and CD reviews. A victim of the telecommunications
collapse (she was a technical writer), she currently sits around doing not
nearly enough writing, though this seems to be changing of late. She wrote
a book once, and if you don't believe her you can search for her in
Amazon.
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