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#1
Old 03-19-2017, 08:59 PM

Know Your Rights
Entire courses are taught on the intricacies of copyright law, so no one expects you to understand everything. However, it is very important for all writers, especially those who post their works in a public forum, to understand the basics.
In this thread, we'll discuss:
  • What is Copyright
  • What can be Copyrighted
  • How long Copyright lasts
  • What is Plagiarism
  • What isn't Plagiarism
  • Parody

If you have any questions after reading this, feel free to PM the Menewshan Staff for clarification or more information.

Last edited by zigbigadorlube; 09-06-2017 at 09:19 PM..

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#2
Old 03-19-2017, 08:59 PM

What is Copyright?
The technical meaning of copyright is exactly what it sounds like. It is the right to copy and distribute any type of material, including books, plays, cds, and dvds. The copyright of written materials usually belongs to the writer, the writer's estate, or the publishing company.

In more general use, copyright refers to a writer's ownership of his or her own writings. According to Common Law Copyright, you own everything you write, and your words cannot be taken from you.

All published material, and much unpublished material, is further protected through registration with the Library of Congress. However there is a registration fee, so it is only recommended to those who are serious about publishing their book, short story, play, etc.

When a piece is accepted for publication, the publishing company who has accepted it usually pays for its registration with the Library of Congress. So, if you trust everyone you're showing the piece to, it's better to wait until it's accepted for publication to get it registered.

One myth claims that you can mail your manuscript to yourself to prove when you wrote it (because of the post date). This is called the Poor Man's Copyright. However, because of how easy this is to fake, it is unlikely that it will hold up in court. Just burning a cd of your work is more likely to prove when you wrote it.
What can be Copyrighted?
Characters, fantasy locations, and lines can be copyrighted. As such, all of the following are currently or at some point have been copyrighted:

Peter Pan, Percy Jackson, Lyra Silvertongue, Frodo, Narnia, Wonderland, Neverland, Oz, "O Romeo, Romeo, Wherefore art thou Romeo?" and "Folk in those stories had lots of chances of turning back, only they didn't. They kept going. Because they were holding on to something."

However, and this is very important, ideas cannot be copyrighted. As such, the following is true:

Harry Potter is copyrighted. An eleven-year-old wizard who has to fight against a great evil is not copyrighted.

Hogwarts is copyrighted. A hidden institution of magical education is not copyrighted.

Because of this, lawsuits such as the one in which an author accused Dan Brown of stealing ideas from his book to use in The Da Vinci Code will never win. Legally, it doesn't matter whether Dan Brown took the ideas as long as he didn't take the characters or book's exact words.

There is an undefined line of how much is too much, and people can generally agree on when something has gone too far. For example, while you can write a book about that eleven-year-old wizard who has to fight a great evil, you'll probably get in trouble if your eleven-year-old wizard attends a school of magic in England, has one slightly cowardly male friend and one extremely intelligent female friend, and together they fight a dark wizard who had attacked the eleven-year-old wizard when he was a baby, then disappeared for ten years.

Further, if a publisher thinks that an idea has already been done, then they're not going to publish your work. And even if it does get published, do you really want to be considered the author with no original ideas?
How long does Copyright last?
Copyright law was changed in 1978, so the law differs for works published prior to that year and works published after it.

Works published prior to 1978 remain under copyright for 95 years after the date of publication.

Works published after 1978 remain under copyright for 70 years after the death of the author.

As such, characters, fantasy locations, and lines of works published prior to 1913 are up for grabs. This is why it's legal for current day writers to base their fantasy novel in Wonderland, to write unauthorized sequels to Peter Pan, and to create manga versions of Romeo and Juliet. However, don't get your hopes up. You still need to do something original to get published. No publisher will allow you to pass A Christmas Carol off as your own work.

Last edited by zigbigadorlube; 09-06-2017 at 09:22 PM..

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Reading is fundamental
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#3
Old 03-19-2017, 08:59 PM

What is Plagiarism?
Plagiarism is the act of deliberately taking someone else's words and trying to pass them off as your own.

Consider the following examples
Quote:
Originally Posted by Original Text
Mary sat at a computer, writing about her lost love. Finally, she couldn't take it anymore. She stood up and kicked the monitor, causing the computer to shut down amidst sparks. Then, she stomped out of the room, resolving to find Darren and tell him how she felt before he truly was gone forever.
Quote:
Originally Posted by Plagiarism One
Mary sat at a computer, writing about her lost love. Finally, she couldn't take it anymore. She stood up and kicked the monitor, causing the computer to shut down amidst sparks. Then, she stomped out of the room, resolving to find Darren and tell him how she felt before he truly was gone forever.
This one is obviously plagiarism. Every word is exactly the same as the original.
Quote:
Originally Posted by Plagiarism Two
Stacie sat at a computer, writing about the man she loved and lost. Finally, she couldn't take it anymore. She stood up and kicked the monitor, causing the computer to shut down amidst sparks. Then, she stomped out of the room, resolving to find Anthony and tell him how she felt before he truly was gone forever.
In this example, a few words were changed here and there. The majority of it is still someone else's words, though.
Quote:
Originally Posted by Plagiarism Three
Stacie gazed at her laptop, reading the words she'd written about her lost love. Finally, she couldn't take it anymore. She stood and threw her computer across the room, causing it to shut down amidst sparks. She stared at the crumpled mess, briefly regretting her rashness, then fled the room. As she slammed the door behind her, she resolved to find Anthony and tell him how she felt before he truly was gone forever.
This one has been changed quite a bit, but it is still plagiarism. The writer is still using someone else's words.

This is not to say that every phase you write has to be different from every phrase previously written. There are only so many words in the English language. Things will be repeated. People will write about lost loves. People will destroy computers. People will resolve to change things. Make sure, though, that when you write, the words are coming from you, not from something that you previously read and thought sounded good.
What isn't plagiarism?
It is possible to use someone else's words without it being considered plagiarism. Anyone who has ever written a research paper knows what I'm talking about. Very often, in nonfiction works, sentences or entire passages are quoted from other works. The main difference here is that the writer in question is not trying to pass these words off as his own. He is citing and referencing, meaning that for every quote he uses, he says who originally said it and where it was said.

According to fair use, you can quote from another work for up to a certain length before you have to ask the owner of the copyright for permission. While this is not a clearly defined length, it's generally agreed that you can quote about 50 words from a nonfiction article and about 400 words from a nonfiction book.

With fiction works you need to be more careful. Even quoting one or two lines from a novel, poem, play, or song could get you into trouble if you don't get permission. However, this is something you don't need to worry about until your work is getting published.
Parody
Parody is the use of someone else's copyrighted material for the sake of humor. It is legal, though many writers and publishers disapprove.

Short parodies, such as brief references or dream sequences, are rarely objected to, and comic strips and TV shows often use such methods. Longer parodies, such as Barry Trotter and the Shameless Parody, have gotten published and seen success. However, you should be very careful if you decide to write a long parody. The legality is oft debated, and you'll be walking a dangerous line.

Last edited by Car'a'Carn; 09-06-2017 at 04:14 PM..

 


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