Originally posted by: 18shabbo
A lot of writers seem to astoundingly taking a root suffix on plagiarism.
Its good because true to the fact we never bring in the real meaning of the word but our general frustration on the fact that "my" work was stolen and misused without "my" consent.
Im going to make very simple points so as just to let you know that keeping moral high is never a good thought if you are not making an effort to work it.(im no expert but as i study law im giving you facts.)
1.Work plagiarized-no action taken/not a worthy action taken- a legal threat from the FF writer.
Firstly never do that because you will not be able to go to court with it. Not in any part of the world with the kind of "stuff" we are writing here.
I wont plagiarize much of Wikipedia , so in easy terms , fan fiction is nothing but an alternate universe which exist outside the original work's ethics , reach and imagination.
It could be your own and you will owe nothing to the published work but the flesh of the concept of characters will never be yours.
"Fan fiction can be seen as an unauthorized expansion of the media franchises into new directions which reflect the reader's/viewer's desire to "fill in the gaps" they have discovered in the commercially produced material."
"Most instances of plagiarism are handled through copyright law. Since plagiarism implies that a duplicate work was created, thus creating a violation of copyright law, one can use the regular tools of copyright enforcement (IE: Cease and desist letters, DMCA notices, etc.) to bring about an end of the situation.
However, with fan fiction, the author doesn't actually hold the copyright to the work they create, in fact, the work itself is technically a violation of copyright law. Since copyright law grants the copyright holder the exclusive right to create derivative works based on an original one, which is precisely what a fan fiction is, the original copyright holder, whoever owns the rights to the original work(s) owns the fan fiction regardless of who wrote it."[courtesy Wikipedia/Google]
The only cases won are when the material that is being altered is not made in to a story but in a information bulletin or a documentary for educational usage.But here as well the copyright holder will have more rights over your work if found out.
Even then the real original writer/maker can constitute that their right of expression has been violated by the FF writer and the FF writer can be condemned in the court of law for violating her/his Fundamental duty.
You are writer "A" , and have written the fic which is stolen by writer "B" and now both of you will be not two different instances but a team and the case will have both of you as equally guilty.
This is a universal ISBN law and pertains no boundary.
2.When can a FF writer go legal and win the case against writer "B"(FF plagiarizer)?
Firstly if you as the original writer of the fic has not violated the certain loopholes in the pact:
a. You have put a disclaimer stating that you are not creator of the characters, situations and thoughts and the credit goes to the real creator.
b.You have put a disclaimer stating that you are not creator of the characters but the situations , thoughts and growth of the characters is yours.
c.You have put a disclaimer stating that you are not creator of the characters but everything pertaining the work is yours and yours alone.
POINT:Sometimes we use a popular dialogue , scene or situation and when ever you have done that you have put a disclaimer there as well.
That is actually about it because if you are a writer who ranges in disclaimers "b and c"("b" can have certain instances same as published) you can simply say that crediting the published work was your way of letting people know how much you love it because its just the names that are common and nothing else and of course any number of stories can have same named characters.
Here writer "B" will be questioned because she/he stole "your" work in its crude form and now you have the power to file a number of charges against them.
And even on those who have been hosting it.
Neither the published work's owner nor any firm can deny your right on your work thus.
I here by say that all good can be made by a good lawyer too.
3.When am i not a plagiarizer?Many writers are now genuinely questioning their work , even though it came from their own brain cells because its raining plots and pans.
See originality is subjected to discretion.
Im inspired by Michelangelo but when I visualize something in a given moment , in paint splashes/water marks(a Michelangelo trade) , its my original work but my professor would comment , after my explanation of how i came about my new painting as-
"Oh! a Michelangelo fan , hmm trying to copy him? i can see it in here.(pointing his wick at my canvas)"My originality goes
"puff" because im tagged as a Michelangelo fan painter!
(yes im an art student too)
You are not a plagiarizer of an original work(book/visual roll)when:In most easiest sense you have put a disclaimer and credited the original work.
a.Your character even named same is in different and your own made situations.eg. Khushi does not falls in Arnav's arm from a ramp but a tree , etc. and likely ahead.
Arnav is 40 year old scientist and Khushi is an alien falling in his arms from space.
b.Your character even named same, been in same situations grows ahead of the existing work.These are usually written when we are left wanting more of an episode's end.(Episode Codas) or putting a different aspect to the given situation(Alternate universe).eg. Arnav breaks Khushi's blouse dori and locks her up, does something beyond , and then lets her go.
He didnt turn up on the re marriage/he turned up but married to avenge his mother.
c.Your character even named same been in same situations grows ahead of the existing work.This is seemingly what a number of writers have as seasons of closed shows or you age your characters and bring in next generations.
d.Your character even named same been in same situations grows ahead of the existing work but do not exist in the reality of your fic.eg.You have ended the real characters , all of them but use them as reference.
Arnav/Khushi age and die , your story revolve around a new character who comes to know about these two through a source and the original situations are taken as reference :
I was sitting in the cafe sipping my double layer Greek coffee with no sugar when the bitter take stuck a nerve in my head and the flutter in my heart reminded of the words i heard in the morning about those two : "ye meetha nahi kha sakte ...inhe shakkar ki bimari hai.." .. i smile , maybe that sweetness was enough for him.
e.When your reference is another work , concept is another your character even named same been in same situations , but plot your own.eg."A walk to remember"
[reference] that the girl has leukemia but no one knows except her-the guy doesn't likes her-they fall in love-the truth comes out-she dies- he reforms.
IPKKND
[concept] a love story of Arnav Khushi in a hate marriage(the guy doesnt likes her) she has leukemia and tells no one when she comes to know(the girl has leukemia but no one knows accept her)...and the story continues
[your plot].
There are many forms of "not being a plagiarizer" but first and foremost never forget to credit the originals even if its a small dialogue.
Also if you do read this till the end please i'd like to add that this is for all those writers who write their own fics and have not plagiarized it from anywhere else , meaning your limitation as a fan fiction writer is of writing the fic on what you are a fan of and have not been a fan of a fic of whose you have seemingly become the writer.
Understood ya? If not then you still cant take me to court!!
Im not opposed to Fan Fictions but it still remains the same that till we are not the owners of something we cant be doers for it.
PS_ over look the grammatical mistakes please ,im not a writer and i just confessed it at the last page , so good i am.
Thank you,
Nabila.
Real Estate
Iss Pyaar Ko Kya Naam Doon
