Originally posted by: summer_breezeHello!!
Am a new writer,with just an prologue up.
Am in need of help though, is it ok if I send pm to anyone of you, who have come forward to help each other in this thread.I thought I'll ask for permission before my pm finds your inbox.. Plz do revert back.
Thank you.
Originally posted by: V323^Umm ...
Inspiration is when you see something/experience something and are inspired to create something from it. Fan Fiction comes under inspiration.
In the first case - When you see a scene from a movie, and base a WHOLE NEW STORY, yes it is inspiration.
In the second case - when you tweak the plot of a story, it is plagiarism. Why? Because you are not actually creating something. Its like stealing a diamond necklace from somebody, and replacing one of the diamonds with a ruby. I hope you get what I mean -
To give you another example - lets say I steal an umbrella from somebody. I come home, and colour the umbrella red. it doesn't change the fact that I stole it
To point number three - there is a huge difference between concept and plot. Concept is me saying "the concept of my story is that Khushi has an accident, and suffers from amnesia ... and Arnav helps her regain her memory"
That is the concept of your story.
Plot is me saying - "okay so Khushi has a motorbike accident, Arnav rushes to the hospital, khushi doesn't recognise him, Arnav is traumatised, then he meets doctors who tell him Khushi's memory can be bought back, then he swears to bring Khushi's memory back, she gets discharged from the hospital and blah blah blah blah.
Somebody writing an entirely different plotline ON THE CONCEPT of K losing her memory and A helping her recovering it cannot be counted as plagiarism.
Somebody taking my entire PLOT and writing the story is plagiarism.
About point 4 - A disclaimer should be provided, else it counts as plagiarism.
I hope its clear enough now?
"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.~~~edited~~~~~
I'd like to add that anything under the heading "When am i not a plagiarizer?" is a moral conduct of the FF writers who are not going commercial with their work.
You are taking ideas from the "original stuff" but your gain is limited to being part of FF community.
Yes it is legally not right but no one has died in being part of this community(or those i know) , so you are causing no immediate harm.
Also the ones who can pull you out will not do so because you are not making money on this and their billions are secured.
But if you go commercial you open the channel of legal basis.
After this what happens is between you and you know who.
Thank you,
Nabila.
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