In my writing circles over the years, I often heard advice encouraging writers to steal a plot, use a phrase, or mimic someone’s prose. And every time, that taboo I learned in high school and stored in the rafters of my brain screeched: “That’s plagiarism!”
I understand the advice. As Oliver Goldsmith said, “People seldom improve when they have no model but themselves to copy after.” For new and accomplished writers alike, we are constantly creating work that is an amalgamation of inspiration, imitation, influence, and originality. No story is completely original because stories have a heavily derivative nature, built on our experiences and impacted by what has come before. This is why we see many stories with the same elements and similar themes. So how do we know when we have crossed from the sunny freshness of originality and into the shadowy dankness of plagiarism?
Simple. Like any ethical or legal violation, the answer depends on the facts and an educated judgment call.
Here is what you should know when asking yourself to steal or not to steal, to crib or not to crib, to imitate or not to imitate someone else’s work.
1. What is plagiarism
Most of us instinctively know the answer to this question. Plagiarism is essentially taking the words of another and passing it off as one’s own. But it is not just the lifting of text. Ideas, plots, scenes, and characters can be plagiarized too. If there is wholesale copying of another’s creative expressions and presentations without crediting the original author, then there is plagiarism.
2. What is not plagiarism
Plagiarism is not copyright infringement. Confusing the two concepts is a common mistake. Copyright infringement is the unauthorized use of copyright protected material, which is different from claiming to be the originator of someone else’s work. The former violation has legal ramifications; the later, ethical.
While copyright infringement and plagiarism are usually mutually exclusive, these gnarly beasts can interbreed.
1. A writer can duplicate copyright protected work and be both an infringer and a plagiarist if the use of the copyright protected material is without permission and the writer poses as the original author.
2. A writer can plagiarize a work, like copying a William Shakespeare play and posing as the author, but not be guilty of copyright infringement if the work is in the public domain (read this for what is considered public domain) or the use is considered fair (read this for what is considered Fair Use).
3. A writer can replicate an author’s work, give credit and not be a plagiarist but still be guilty of infringement because the use was unauthorized or did not fall within the Fair Use exceptions.
For a detailed analysis of the differences between plagiarism and copyright infringement with useful examples, see Mark Fowler’s The Unoriginal Sin post on Rights of Writers.
3. How to avoid plagiarism
Take meticulous notes when researching, with proper source citations and quotation marks on passages. This way you will remember if the words are yours or have been used before. Do not cut and paste from source material into your manuscript. And do not write with open articles or books on your screen or desk. These shortcut methods only invite plagiarism because copying is much too easy.
If you’re using someone else’s words, follow that expression thought to be written by Samuel Adams: “Give credit where credit is due.” In other words, do not lift words but if you do, use proper attribution when quoting or paraphrasing. (Here are two excellent articles with guidelines for using quotes and paraphrasing — Helen Sedwick and Beth Hill). Generally, we do not quote or paraphrase in fiction. Research is not pasted verbatim into the manuscript. We work facts into story via our characters and prose. There are exceptions, of course, like using a relevant quotation at the beginning of the novel, or a protagonist’s favorite line in a poem, or the lyrics of a song sung by a villain, all of which require citing sources and if not in the public domain, may involve copyright permissions (see Adam Mitzner’s Sidebar Saturdays post).
Of course, there is leeway for the process of osmosis. We read. We absorb. We file away in our subconscious phrases, scenes, and plot elements that make an impact on us. Later, we reuse them, often thinking we are so brilliant for thinking of it. This type of copying lacks intention and isn’t something to worry about.
Inspiration and Similarities
If you’re inspired by another’s work, there is no need to credit the source. Using someone’s idea, plot element, scene or character but making it your own in a unique and original way with sufficient differences is usually kosher.
Same goes for having similar plots or themes with another novel. Every story will have elements that are similar or identical to other stories. As noted above, this is part of the derivative nature of fiction. Plots and themes are constantly reused, reimagined, retold, and rehashed but as with inspiration, in a unique and original way. How many times have we seen a new take on a Romeo and Juliet plot?
Internet Common Sense
Just because you found something on the internet, does not mean it is available for use without giving proper credit to the source. Resist the urge to lift words. Plus, who knows. Maybe those words were lifted from someone else.
Parody imitates an original work but ridicules and exaggerates for comic effect making the new work original and not a copy. Parody in books will normally make note of what is parodied, like National Lampoon’s Doon, a parody of Frank Herbert’s science fiction novel Dune, or Fanny Merkin’s Fifty Shames of Earl Grey, a parody of Fifty Shades of Grey. There is no plagiarism because there is no attempt to pass off the original work as one’s own.
Phrases, images, metaphors, snippets of description, and facts that are not unique because they are common knowledge to a large population, or are used in a wide range of unrelated sources, do not require attributions. Unfortunately, there are no clear rules as to what constitutes common knowledge. Stick to the “widely accessible and known” guideline above, and you should avoid accidental plagiarism. But if you are using something from a novel, whether the book is famous or not, and the copied material is likely to be unfamiliar to most people, then play it safe. Use attributions.
4. What to do if your work has been plagiarized
Plagiarism is an ethical violation with few means of legal recourse; unlike copyright infringement, which provides legal remedies set forth in federal laws.
If you suspect your work has been plagiarized, document the offense. Then contact the plagiarizer and ask them to remove the content from print or the internet.
If the plagiarism is not in a self-published book, alert their publisher (and yours) and let them settle the matter. Book contracts have warranty and indemnification clauses allowing a publisher to sue for breach of contract and pull the plagiarized work from publication.
If the plagiarized work is copyright protected, then see last week’s Sidebar Saturdays article by Helen Sedwick about how to deal with content theft.
While it might be tempting to resort to industry shaming, beware of the backlash. Public shaming can land you in the middle of a libel suit (see my earlier Sidebar Saturdays post on defamation).
If all else fails, consult a lawyer, but ask yourself: is the expense worth the outcome? In most cases, you will shell out high legal fees for a low recovery in damages.
If you have questions or comments, we would love to hear from you.
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