>Upon reflection, I should add one more thought to this discussion.
>
>In my opinion, plagiarism in fanfic is deliberately using someone
>else's original ideas or wording without their permission....
I myself think this is a little too harsh a definition,
although I must say my background here is from science, where
you don't ask permission from another scientist---far too
much competition for that---you give attribution.
Academically, as I remember, plagiarism is defined as using
such *without attribution*. And in the world of fiction,
there aren't all that many new ideas, and there's plenty
of "parallel evolution" as well: people come up with very
similar ideas when faced with the same situation, which is
likely in a constrained world like the Potterverse.
Finally, there's a practicality issue. When David Drake
bases one of his novels on Homer's _Odyssey_, _Jason and
the Argonauts_ (original authorship lost in time and
mostly gleaned from pot shards) or Dashiell Hammett
(who's same source was used by Kurosawa in _Yojimbo_,
then that was used by Sergio Leone in _A Fistful of
Dollars_, and then as I recall *that* was used in some
Norwegian Viking epic), he's not in a position to ask
permission from an author decades or millennia dead....
You of course must do what you feel is morally right, and
your higher standards and super caution (in not reading
like stories for the duration) certainly aren't harming MoO.
But for me, especially since this is fanfic, where for legal
reasons we don't formally ask the original author for
permission and almost all don't care, giving attribution as
it's due is enough, and whining complaints are to be ignored.
If you're really good, as you are, and your work is prominent
enough, as this is (best exploration of the "bonded" concept
penned), you are likely to get some of this nature. The more
you get upset, the more the complaining loser gets his jollies.
- Harold
I have run across ideas in other stories that are (or will be) fixtures
in mine. The latest is from elaithin's Veil of Shadow's story. I wrote
Patrick through the SIYE messaging system and told him what I am doing
with my story, and why I had come up with the same idea he used. We
both decided I was a clever fellow for blindly stumbling upon his idea
separately and there was enough difference that it wasn't plagiarism.
If I deliberately use an idea from another author (I am borrowing an
item from Arabella's "Hermione, Queen of Witches" series) I will credit
the author and point the reader to their story. I also hope to use
Gabriella Du Sult in a later story (if I ever get that far) but will
write her creator Amy Donegan, explain what I am doing and ask
permission first, as well as credit the permission. Also magic in The
Lost Tower series is based on Remus Lupin's Theory of Magic essays and
texts, but Josh had always planned it that way anyway.
There are enough fanfic stories out there that separate authors coming
up with similar ideas are inevitable.
Chuck
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And I kinda want to avoid that. Dino"
PLEASE avoid that Dino, it will only lead to a fetid miasma!
Chuck :-)
I would not be surprised if said author hadn't contacted JKR herself to complain that her Harry Potter books had the same characters as the story he is currently creating.
As someone else said there are close to half a million HP stories on the web, it is going to happen that some may be similar but that is okay as long as it isn't word for word the same it is interesting to see how different people visualize things differently or explain them differently.
My own story is a bond story that has some similarities to a number of stories I have read, I have been careful to not steal ideas too but it may happen, in fact I already contacted Dave to mention that I used "Firefly" in my story. This wasn't because I wanted to steal it from someone else but because it fitted in with the plot.
I have also used the name New Marauder's which has been used before, but again it fitted in with the story and has been used if a different way to the other stories I have seen it in.
At the end of the day unless someone is copy and pasting a story word for word and claiming it to be there own, or if they are using the same characteristics that don't conform to canon, I don't know how they can claim it to be plagiarism.
>My own story is a bond story that has some similarities to
>a number of stories I have read, I have been careful to not
>steal ideas
Steal is an awfully loaded word when you're talking about
ideas. Think of all the things we wouldn't have if some
artist or scientist hadn't "stolen" someone else's ideas.
_Romeo and Juliet_ for instance. Those movies I cited in my
previous message. Pretty much all of modern science and
engineering; here's two apropos quotes:
If I have seen further it is by standing on ye shoulders
of Giants.
Issac Newton, who invented a whole new system of math to
more properly describe mechanics (moving bodies). Lots of
people built upon the calculus and Newtonian mechanics to
give us e.g. the Industrial Revolution and break mankind
out of the Malthusian productivity trap.
Good artists copy. Great artists steal.
Pablo Picasso, although many would not choose him for a
moral guide....
Ideas can be copied without cost, without taking away from
the creator. Give him credit, and I personally don't have
a moral problem (not considering patents, of course).
>too but it may happen, in fact I already contacted Dave to
>mention that I used "Firefly" in my story. This wasn't
>because I wanted to steal it from someone else but because
>it fitted in with the plot.
I'd like to emphasize that some instances of "parallel
evolution" are simply inevitable.
Ginny can have many pet names, but Firefly is just so
obvious and natural it's hard to call it "original", even if
you could find the first story that used it.
Or take the first really major decision of anyone trying to
write a reasonably canon compliant post-HPB story: does Bill
and Fleur's wedding get attacked?
Good arguments both ways, but an author has to decide on one
of two paths and after that similarities are inevitable:
weddings by definition have one event, and there are only so
many ways (e.g. limited set of players) or times at which to
attack one. And of course you can preempt or cancel the
wedding, again generally due to a small set of options
that are common to relationships and/or wars.
This is an example of why I view the Potterverse to be
fairly constrained compared to other fandoms where there
isn't such an overarching uberplot. E.g. you don't *have* to
write a story that involves both Harry and Voldemort, but it's
hard to write a long one that doesn't touch on one or both,
for they define almost certainly the largest aspect of it.
I guess coming from my backgrounds of science and computer
programming that I'm just ... easier about using the good
ideas of others, just as long as I give proper attribution,
and I wish there was less angst in fandom about all this when
it falls far short of the academic definition of plagiarism.
- Harold
This fact is included in copyright law, in fact. If there are a very
limited set of options with desirable characteristics, then they need
not be licensed separately.
The example case from the book I read was one between Intel and NEC.
Intel had licensed a microprocessor design to NEC, and was accusing
NEC of violating copyright on the microcode. The court found in
favour of NEC since there was basically only one reasonable way to
write the microcode.
> This is an example of why I view the Potterverse to be
> fairly constrained compared to other fandoms where there
> isn't such an overarching uberplot. E.g. you don't *have* to
> write a story that involves both Harry and Voldemort, but it's
> hard to write a long one that doesn't touch on one or both,
> for they define almost certainly the largest aspect of it.
>
> I guess coming from my backgrounds of science and computer
> programming that I'm just ... easier about using the good
> ideas of others, just as long as I give proper attribution,
> and I wish there was less angst in fandom about all this when
> it falls far short of the academic definition of plagiarism.
>
And usually short of the legal definition of illegal copyright
infringement, too.
Matthew Skala has posted a number of interesting articles about how
computers tend to make copyright seem stupid, using the analogy of the
"colour" of the bits, since they're indistinguishable, but legally
different:
http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php
http://ansuz.sooke.bc.ca/lawpoli/colour/2004080902.php
http://ansuz.sooke.bc.ca/lawpoli/colour/rendered-in-orbit.php
>On Wed, May 7, 2008 at 2:51 PM, Harold Ancell <h...@ancell-ent.com> wrote:
>>
>> Or take the first really major decision of anyone trying to
>> write a reasonably canon compliant post-HPB story: does Bill
>> and Fleur's wedding get attacked?
>>
>> Good arguments both ways, but an author has to decide on one
>> of two paths and after that similarities are inevitable:
>> weddings by definition have one event, and there are only so
>> many ways (e.g. limited set of players) or times at which to
>> attack one. And of course you can preempt or cancel the
>> wedding, again generally due to a small set of options
>> that are common to relationships and/or wars.
>
>This fact is included in copyright law, in fact. If there are a very
>limited set of options with desirable characteristics, then they need
>not be licensed separately.
This is one defense in copyright law, but I don't think it
applies to fanfiction, although it probably did in this case:
>The example case from the book I read was one between Intel and NEC.
>Intel had licensed a microprocessor design to NEC, and was accusing
>NEC of violating copyright on the microcode. The court found in
>favour of NEC since there was basically only one reasonable way to
>write the microcode.
What I was able to quickly find out about the NEC V20/V30 case
was that copyright only mattered in that the judge ruled that
microcode was copyrightable like any other computer program and
that Intel had failed to execute something necessary with
copyright licensees, which I gather included NEC.
These chips were reverse engineered, and the judge explicitly
ruled the microcode was not copied, e.g. it was not a
derivative work, although I assume Intel was able to find *some*
similarities here and there that are what you are referring to.
If you're referring to another case I'd be interested to know it.
Anyway, my understanding of copyright is that it *only* protects
expression, one possible example being the exact words of an
attack on that wedding. Copyright per se cannot protect the
*idea* of an attack. (Patents and trade secrets can protect
ideas, but obviously don't apply here.)
In the US, for something like fanfiction, copyright through the
derivative work concept could in theory be used for this purpose.
Wikipedia cites a case involving a proposed script for Rocky
IV in:
http://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction
For what it's worth, Wikipedia today says in the derivative
work article:
In copyright law, a derivative work is an expressive
creation that includes major, basic copyrighted aspects of
an original, previously created first work.
In US law, there's the explicitly protected area of parody and
the grey area of fair use that can be used as defenses. In
fanfiction, there are no known cases of refusal to follow a
request or demand from an author, so this has not been tested.
I wonder if in the US the first Tanya Grotter novel might
have made it on parody (what can you say about a work where the
headmistress (all sexes reversed) says You-Know-Who's official?
name and a iron appears out of thin air and tries to brain
her? :-) but since I don't read any of the languages it is
in (Russian, Dutch) or know enough Russian culture I couldn't
really guess. That case was tried in the Netherlands, and
later 1,000 copies were printed in Belgium "in order to let
people decide whether it was plagiarism" (Wikipedia) and JKR
did not sue on that limited printing.
- Harold
>On May 17, 3:55 am, Dave <Sovra...@gmail.com> wrote:
>> Actually, I probably agree with him (and others) on that point - the
>> summer did drag on too long. In retrospect, I think that I could have
>> said the same things in fewer words without losing the important bits
>> and the big impact. There IS value in the length, I truly believe
>> that, but I now think that that value is outweighed by the value of
>> moving the plot forward more quickly. So, at the very least, it was a
>> learning experience for me, and I hope that everyone will see the
>> benefit of that learning in the rest of the story and series.
>
>Bah humbug, your summer was just the right length. The slower pace
>fitted the atmosphere properly, and gave room for the interactions
>between Harry+Ginny and the rest of the family and their friends. Once
>they return to Hogwarts, and hence their scholastic timetable, the
>regular stuff can be assumed and you can pick up the pace: before they
>leave there is no such option.
>
>Not to mention, I enjoy your little extra bits, like the swimming and
>the toy-shop. [ Lots more good stuff. ]
I both agree and disagree. I found *all* of the summer to be
valuable, but for me the only "flaw" in MoO is the transitions
from the high tension sections, e.g. after the section that almost
ended with Harry transfiguring Bill, the [ that would be telling ]
in this summer, to "normal life" like the toy shop and the follow
on fun with the brooms ... they (the transitions) don't work for me.
Now for various reasons you shouldn't worry about that AT ALL,
the fact that I need to be in different moods to read one or the
other is much more my problem than yours, but I thought this
insight, now that I've experienced the same thing twice, might be
useful. I'm not sure what I'd advise; as Phil points out, these
"extra little bits" really add to the story, are part of what makes
it "rich" or "complete" vs. "a simple narrative", and are found
throughout it. Plus look at the fiction Bun-Bun has inspired ^_^!
I doubt the story would be great without them, merely "very good".
- Harold
>> [ Me: ]
>> I both agree and disagree. I found *all* of the summer to be
>> valuable, but for me the only "flaw" in MoO is the transitions
>> from the high tension sections, e.g. after the section that almost
>> ended with Harry transfiguring Bill, the [ that would be telling ]
>> in this summer, to "normal life" like the toy shop and the follow
>> on fun with the brooms ... they (the transitions) don't work for me.
>
>That's interesting. I would have said that there is quite a lot of
>transition out of the first bit you mentioned (re: Bill).
Unfortunately, it's been long enough since I read it that I
don't remember that ... but my point is not that there aren't
transitions, but that they doesn't work *for me* (and again I
emphasize I'm a special case in this area).
>The "that would be telling" was, in a way, one long transition.
Hmmm, yes, it was. In terms of plot, it accomplished something
absolutely vital, perhaps the biggest transition in the story
to date.
>So I wonder if perhaps you're sometimes dissatisfied around those bits
>comes from the contrast.
Exactly. It's the emotional and intensity change that I personally
have difficulty with.
>Is it odd to have a story contain both "that
>would be telling" and the toy shop within a chapter or two? Do you
>perhaps feel that it's disconcerting to see that much variation in
>tone among the story?
As a decade and a half fan of anime, no.
Lots of great anime swings between humor or even farce to deadly
serious in a single episode ... but maybe it's a direction issue.
I.e. going from the not so serious to very serious works well,
but it could be harder to go in the other direction, at least
without, in this example of anime, an episode break, which allows
the audience time to "reset" themselves. Hmmm, I don't watch
anime episodes one immediately after the other, unless they're a
seamless flow of constant action, "can't put the book down", e.g.
the siege of Sforzando in _Violinist of Hameln_.
(The TV anime ... curiously, the manga started out as a totally
gag manga, added a very serious plot but kept the humor, then
the movie did only the humor, and the TV almost only the serious.
Compare the climax of the siege with Guitar and the box and how
in the manga Hamel totally breaks the mood with his comment on
Guitar ... I haven't really tried the manga yet....)
I'm trying to think of anime episodes that switch in the other
direction and that work; let me replay in my mind e.g. Gunbuster,
which has particularly strong examples of this (think of the 2nd
episode especially). Comic relief is of course not an example
of what I'm talking about ("Buster Shield!" in episode 5) but
perhaps bears thinking about in this context. When I next rewatch
the Slayers and Lost Universe TV series, I'll think about this.
>Those would be valid points, I think. My
>counter-argument, though, would be that the contrast is intentional.
Oh, yes, it's clear it's intentional, and overall they are very
necessary for the story. E.g. we'd burn out, MoO would be very
different and not for the better, etc. if you didn't include
plenty of normal tone sections. And they help emphasize that
they're still kids, and you do that very well.
JRK of course does this sort of ting. How does she handle this?
>What is the major 'setting' difference between "that would be telling"
>and the toy shop scene? The answer is meaningful.
I'm sorry but I don't understand the above question.
My point is about changes in the tone of sections of the story; as
I understand the word setting in this context it doesn't matter.
- Harold