"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.
Topic started by Angel-Jot
Last replied by Angel-Jot