A bit about plagiarism from someone who is not a lawyer, doesn’t want to be a lawyer, and doesn’t play a lawyer in the internet.
I’m sure that a lot of people who travel the romance blogosphere routinely got tired pretty quickly of the many discussions on plagiarism, copyright infringement, intellectual honesty, and other related topics sparked by the CE dêbacle (or the SavageGate, which I believe Seressia Glass coined).
However, the Obama speech incident reignited discussion on this at a couple of places I visit, and once again I was impressed by the varied and well, weird ways people can look at things.
• There have been statements that all writers ‘plagiarize’ from academic texts when they research say, the Middle Ages. “After all, it’s not as if the writer could have been there, right?” (Though one wonders what the hell is a writer’s imagination for, in that case. But perhaps that’s just me.)
• There have been statements that word-by-word copying from non-fiction sources is ‘poorly integrated research’ (You don’t want to know the words that left my mouth upon reading this.)
• There have been statements that Nora Roberts, or Mary Balogh, plagiarize from their own, earlier work, because they have certain recognizable tropes or themes or characters in several of their novels. (One wonders what the hell a writer’s voice is, then. But again, perhaps that’s just me.)
• There have been statements that there are all sorts of gray areas between ‘using research by changing a comma or two’ (paraphrasing from an earlier discussion, but I swear that is the condensed version) and ‘actual plagiarism.’ (All I can say to this is… WHAT THE F…?)
• There have been statements that, hey, this is the information age! Sharing is what it’s about! It’s all good! (One wonders whether creativity has any place in a society where everyone can claim everyone else’s original work as their own without it being wrong.)
• There have been statements—by authors who are otherwise very much invested in protecting their own copyrights (Diana Gabaldon for example)—that using out-of-copyright works without attribution is fine. (Yet another WHAT THE F…? from the peanut gallery)
Then, in a more recent, and completely unrelated discussion over at the SmartBitches, Laura Kinsale posted these comments:
I’m curious. What’s the difference between Cassie Edwards writing about ferrets and fan fiction published for profit?
So that’s what I’m asking. Why is that so different from Cassie Edwards? Why is taking a paragraph about a ferret, or even a page of dialogue, so worthy of scorn and ridicule, but fan fiction is supposed to be a nice compliment to the author of the original work?
Leaving aside the bit about fanfiction, and whether it’s legal, illegal, original, derivative, or what have you (a topic worthy of its own article), but simply judging from all that I listed above, I can only conclude that a lot of folks don’t know what plagiarism actually is.
So here it is, in the immortal words of… well, I’m sure plenty of people have said it before me, so you can check your favorite dictionary for a better worded version, but here is mine:
Plagiarism, distilled to the most basic terms, is the intent to pass off someone else’s words as your own, original, new creation. Whether or not there is a concurrent illegal action (such as copyright infringement), ethically this is fraud. It is lying. It is saying, “look how smart/creative/artistic I am” while using someone else’s work, and getting credit and/or money for doing this.
So perhaps I am simple minded, but I don’t see how there can be a gray area there.
Now, let’s see what plagiarism isn’t.
It is not plagiarism to take a well known theme and adapt it to a different time, setting, mores—how many times has Romeo and Juliet been adapted?
It is not plagiarism to write a parody of a previous work. Indeed, the parody would simply not exist without the original work! It is not plagiarism to imagine (and write) an alternative ending or take on a well known myth, fairy tale, or story—how many different ways has Cinderella been developed? Beauty and the Beast? Snow White? It is not plagiarism to use a widely known line from an out of copyright source while crediting the author (“The play’s the thing,” Shakespeare).
And lastly, in the matter of fanfiction vis a vis plagiarism, allow me to give you the words of Ms Nora Roberts:
Fan fiction doesn’t copy the author’s story and call it their own, but uses it or the characters, as a springboard for another story.
In none of the above is the writer of the secondary, derivative work, trying to impress upon his readers that the original characters are his, that the original story is his, that these are his immortal words. He is openly acknowledging that he is basing his take on previous works.
Are there times where a writer uses a reference I don’t recognize? Undoubtedly! No reader can read and retain every single word produced before, so it’s likely that something that is meant as an obvious reference will be identified by some readers and completely missed by others. But I expect the writer to make every effort to make it clear—one way or another—when she’s referencing someone else’s work within hers.
Use italics.
Use quotation marks.
Use the ubiquitous, “in the words of…” or, “as so-and-so said…”
Heck, add a short note in the foreword or afterword with a nod to the original source.
It really doesn’t matter how a writer gives credit, only that she does.
Just don’t grab a piece of someone else’s brain child and try to pass it off as your own.
And for the fun of it, here are some cool author links on this that I’ve been collecting:
Seressia Glass:
Fair Use in Fiction
Shiloh Walker:
Truth and Consequence
A writer’s take on plagiarism
Why it matters Where research and plagiarism differ
Why it matters, part two
Sela Carsen:
Plagiarism and punishment
Sela Carsen shares her thoughts
Just to be clear about something
Meljean Brook:
Dear Anne Stuart: I promise not to steal your red shoes
For Micky, Ferrets and other Ethical considerations
You can find more and really cool information at Dear Author here and here for starters, and the SmartBitches here and here.
katiebabs
March 6
1:26 pm
Plagiarism is taking word for word from a document and calling it your own. Fan fiction is using an author’s idea or character and writing a story in your own words.
Plagiarism and fan fiction are very diffrent IMO. As you write fan fiction, just don’t copy and past from an author’s work.
Nora Roberts
March 6
2:15 pm
There are times, when I’m feeling cynical, I wonder if people who say re plagiarism ‘it’s just poorly integrated research’, or ‘everybody does it’, or any variation on ‘what’s the big?’, if they really don’t understand–or if they’re so freaking lazy they want it to be okay so they can do it freely.
Because, for me ‘use your own words’ just isn’t that difficult a concept.
But that’s when I’m feeling cynical.
kirsten saell
March 6
5:38 pm
Even my kids, 12 and 13, know it’s NOT OKAY to copy and paste stuff from other people’s work and call it their own! Duh! I’m kind of shaking my head at the fact that this still needs to be explained to anyone.
And I don’t even get where fanfic/parody/pastiche enters into the discussion.
Sarah Frantz
March 6
5:39 pm
Wow, I’m an idiot. I didn’t keep a copy of the message about plagiarism I posted to Suz’s BB. That was….remarkably stupid of me. Oh well.
I’m with you, I don’t know how it isn’t completely obvious what it is and isn’t, but then, I spend most of my semester teaching it to ALL my students, no matter the level, and they STILL don’t get it. So we must be in the minority.
Notonabet
March 6
6:44 pm
I can’t help but wonder how many authors do it. I’ve never mentioned this to anyone, but a few years ago, I was reading a book by a well known romance author heretofore unmentioned. Something went ding, ding, and I went to a book on my bookshelf, a relatively obscure reference book on Scotland. Sure enough, she’d lifted pages – pages – of stuff verbatim. I’ve never read her again and I won’t. But now I can’t help but wonder if there are lots of writers out there uncomfortable with the subject because they’ve done it.
And, yes, I’m a published writer too.
kirsten saell
March 6
6:57 pm
And to think I worry and obsess over the chance I might inadvertently echo someone else’s turn of phrase from something I don’t even remember I’ve read!
azteclady
March 6
8:11 pm
kirsten, my apologies–the bit about fanfiction here
was brought up by Laura Kinsale during a discussion at the SmartBitches. I am severely technoimpaired, so I’m waiting for poor Karen to take a look and fix my goof.
azteclady
March 6
8:12 pm
(good = formatting to make clear that bit is a quote)
On top of everything, I’m ‘submit comment’ happy.
kirsten saell
March 6
8:39 pm
It wasn’t meant as a criticism of you including it in the discussion–more as a sense of disgust over the fact that it obviously still needs to be discussed at all. I just don’t get the parallels some folks draw between the two. Sorry if I wasn’t clear…
Shiloh Walker
March 6
9:45 pm
Shoot, my nine year old knows.
So it’s sad, and disturbing, that so many adults don’t seem too clear on it. It doesn’t help, though, that there isn’t a ‘clear cut’ definition to show people who seem to think ‘borrowing’ is okay as long as it’s from this, or from that, or it’s only a few lines/words/paragraphs….
Shannon C.
March 6
11:51 pm
I’m taking undergraduate classes at this moment and we had a huge discussion about plaigiarism in one of them. This was shortly after Savagegate, too. So I’m really not surprised that a lot of adults find this confusing. It seems pretty clear-cut to me, but maybe I’m just excessively smrt? 😛
KS Augustin
March 7
1:54 am
Wow! I liked Laura Kinsale’s books. So sad to see she wrote that. Guess that’s another one to strike off my shopping list.
Anne
March 7
2:34 am
I found some of the best insight into this “issue” (I call it cheating) at this site(Lyons Literary, LLC). Pretty good stuff if I say so myself.
Anne
March 7
2:36 am
Oops… forgot, good article here as well, explaining why publishers don’t fact check more.
http://www.nysun.com/article/72301
Shirley
March 8
2:04 am
Copying is lazy, end of it. And fanfic, ROFLMAO, it all depends on who you ask. Aren’t there some huge name in publishing that go after fanfic like they were revivalists calling down the holy ghost?
kirsten saell
March 8
9:10 am
But that doesn’t change the fact that fanfic is not plagiarism. It may be copyright infringement, but I supppose that depends on the wishes of the person/publisher who holds the copyright. Plagiarism is reproducing someone else’s words/work and passing them off as your own. Fanfic not only doesn’t copy the actual prose, but it wouldn’t be fanfic if those writing it were trying to present the characters/setting/premise as their own original work. Fanfic by its very nature gives creative credit for all of that to the original creator of the work.
Shiloh Walker
March 8
1:36 pm
If I understand right, fanfic, in and of itself, isn’t illegal. The way I see it, it’s not even unethical.
Unless the fanfic writer is planning taking the creation and profiting from it.
Just writing stories about Buffy and Co. to share with friends on the webi isn’t wrong. But I think it could be illegal and/or unethical to publish and profit from fanfic, unless the original creator (in this case Wheddon) authorized such. Then it could be a whole new mess, because if the creator authorized, each individual of the fanfic would also have to okay it, I would think.
Most fanfic, though, isn’t written for profit. It’s written for a love of whatever characters/world the fanfic is based on, and the writers aren’t looking to make money from it. More, they aren’t claiming ownership over the world/characters.
Plagiarism does just that. It’s when a writer claims ownership over another writer’s work. Unethically wrong and if copyright infringement happens, (profiting from the work, if I understand right) then it’s also illegal.
azteclady
March 8
2:09 pm
Actually, Shiloh, I believe that copyright infringement is when the work being plagiarized is still under copyright, regardless of whether the plagiarist profits from it or not.
The matter of fanfic truly is not related to plagiarism in any way–which is why I was taken aback by Ms Kinsale comments at the SmartBitches, and the comparison she was drawing with SavageGate.
Shirley, for much more and precise information on the issue of fanfic, and the big names going after it, you should check the link to the SmartBitches discussion. There are links to the actual filings of at least one such case.