#and then there's GOOD copyright infringement

[letteredlettered]

Hello!! I've read all your hp works and I wanted to say that I love them all and they've made me feel feelings. The way you write drarry and just hp in general is very close to my heart.

That being said, there is a question I wanted to ask you as a writer. What does plagiarism mean and what does it constitute? Like... I hear that term a lot but just reading a definition is not making it clear to me. As far as I understand, copying someone's work, word by word is plagiarism. Does it also count as one if I copy someone's idea but just modify it a bit. Carry on is such a work and it's resemblance to hp and main pairs similarity to drarry are well known. Even hp itself has a evident similarity to Neil Gaiman's ‘The books of magic’ , at least as far as the titular character goes. It was also said that maybe jk stole the idea from there but Neil later said that it wasn't the case. So I'm guessing that's not plagiarism.

Let's take another example, I love you fic away childish things .. so if I wrote a fic with the same idea.. is that plagiarism? Or if I copy the plot? What if I liked a particular scene very much.. or a sentence very much and I used it as a base for a new fic.. or used that scene/sentence itself but in a different context is that plagiarism? I'm sure a lot of people have read Running On Air by eleventy7 in the drarry fandom. So if I use the sentence “Going away is easy, coming home is hard.” in a fic I write (maybe in another fandom or the same) does that count as plagiarism? Ofc I'm assuming that other people will know which scene or sentence I'm using on account of said fic being a famous work (in this case, fandom). But there could be a case where the source is not well known. What if I took something from a particular folktale of a community or country? Would that count as plagiarism? Jk Rowling herself has said that she used a lot of info while writing hp from various stories, folktales, religious books, lore and some good old tropes of said genre and pure imagination. Most of it was done unconsciously while writing. I guess it doesn't count as plagiarism if the place where you're copying from doesn't have a particular author (for eg folktales etc). Like.. God is not gonna sue me if I wrote things similar to some religious text. His followers on the other hand... yeah best not go there haha. But yeah.. what if I used different things from various sources, like.. just picking my way across it all and using them to write a story, just mish mashing things together like a collage and making something out of it. Will that be plagiarism? Or is that just being inspired by other art? On the other hand there is a saying that every art has a genesis and nothing is original. Every work is inspired by some other work be it art, music, writing or whatever. So where does one draw a line between inspiration and plagiarism?

I know it's a very long ask and I'm using a lot of scenarios but I wanted to cover everything that might come under the word 'Plagiarism'. What are your thoughts on it? What is included in plagiarism? Specifically, in writing.

If you made it this far thank you for reading where i essentially just ramble lol. I would like to know your answer and if you have any reading material on it please point me towards them. Thank you and I hope you're doing well xoxo

Plagiarism is copying word for word. It's one kind of stealing.

Copyright infringement is also a kind of stealing. That's a legal term about copyrighted material, but laws from some countries around this issue can maybe help clarify what is socially considered stealing and what is considered fair use. "Fair use" is also a legal term (at least, in the US); it refers to reasons you can use a copyrighted work without permission. I think that what many people socially consider "not stealing," even though its using someone else's ideas, falls under fair use.

Fanfic generally falls under fair use. The Organization for Transformative Works (OTW)--which is the organization behind AO3--argues that while fanfic uses things like characters and settings from copyrighted work, fic falls under fair use because it is creative and transformative.

The transformative part is important. If you copied Harry Potter and the Philosopher's Stone word for word and put it on AO3, that would be plagiarism. It's not transformed in any way. But if you write a story in which Harry and Draco fall in love, you're significantly transforming the story in a way that progresses the world of literature.

Other attributes of fair use (beyond whether the work is transformative) include whether the work is done for profit, whether the market for the original copyrighted work will be impacted negatively by the derivative work, and how substantially the derivative work uses the original copyrighted work. Fanfic uses the original copyrighted work quite substantially in many cases, but if it doesn't impact the market for the original copyrighted work and isn't done for profit, that shouldn't disqualify it from fair use. This is why it's extremely important never to ask for money for a fanfic, and why any author doing that should be reported to the hosting site.

Now, you asked about the Harry Potter series. While JKR may have gotten ideas about kids attending magical schools from other books, HP differs significantly enough that whenever she was sued for copyright infringement, she won her cases. Some might call JKR's books a ripoff of other books like it, but most agree that while not terribly original, these books do not count as stealing. (I would add, though, that just because someone wins a case doesn't mean it's not stealing. Disney steal shit all the time but wins cases because they own everything.)

You also asked about Carry On. I would say about that series, too, that it is substantially different enough from other books, that it doesn't count as stealing. There are just lots of books about kids secretly going to magic school, as it turns out. But I would add that even if there were more similarities to HP than there are in Carry On, Carry On could not be considered theft, because it is transformative.

Carry On, like Lev Grossman's The Magicians, is in a conversation with books like Harry Potter, books about magical schools and books with young, Chosen One protagonists. Carry On is not a fanfic; the characters are not the same; the set-up is not the same; the plot is not the same. But it is a book that asks questions about Harry Potter, and other books like Harry Potter. It's asking, what does it mean to be the Chosen One? Isn't there something sinister about a supportive mentor figure who pushes young people into war? Suzanne Collins's The Hunger Games is also in a conversation with books that have young Chosen Ones, and it asks the same questions. Carry On further asks, isn't there a strange chemistry between the archetypal Golden Boy protagonist and the archetypal schoolmate antagonist? That's something tons of high school romance stories ask, and tons of HP fics, but it wasn't something that hadn't yet been done in a magical school Chosen One series--not with homosexuality--which also makes it pretty damn transformative.

You asked about using a line from Running on Air in a different work. This is plagiarism, because it's the exact words. Using that sentence in any work would be plagiarism. Using the exact sentence that someone else wrote, not matter how well known the work, is plagiarism. You likely won't be sued, but it's still stealing in most cases.

Now, it could be acceptable to use a phrase from the sentence to reference Running on Air. You'll see this in a lot of older literature. You'll see a little phrase in quotes that isn't credited, but your Penguin footnote will tell you they were referencing another author there. That was common because everyone was expected to have read the same body of work in certain cultures.

In fandom, lots of people will have read the same fics, so it could be a nod to another author to quote their work in a fic of your own. That's generally not the culture, mostly because the reason authors would do that had more to do with literary ideas that story telling, and most fic has a focus on storytelling. And, because fandom is a non-professional community where it's easy to reach out directly to the authors, if you do want to quote something by a different author, the author should be asked--again, because that's the culture.

Some material is so often quoted that it's idiomatic. If you say "I put away childish things" in a work, that may be from the Bible, but most people know where it's from, and even if they don't, it's part of our language now. Same would be true if I put in a work "Parting is such sweet sorrow," which is from Shakespeare's Romeo and Juliet. Few would call it stealing if I didn't credit such sentences, but if you're not sure whether it's idiomatic, a place where you're using the exact words should be credited with a footnote or citation.

You asked about using a line from a folk tale. As you say, folk tales often don't have known authors--but more importantly for your question, they usually don't have definitive versions. There are literally thousands of versions of Cinderella. If you used an exact sentence the Brothers Grimm used in their version of Cinderella, that would be plagiarism. Any exact language from an extant version of the story would be the same way.

A lot of what I'm saying is about how law works (particularly in the US), which deals with what might be socially acceptable in terms of whether something is stealing or not. But many cultures do have oral traditions that have a specific way a story is told. I would argue that's still a specific version, and if you're quoting the exact language, it's still stealing. But lots and lots of cultures have stories they like to tell but always tell it a little different, in which case you might be stealing ideas but not plagiarizing. And some things that are said enough, such as "Once upon a time" and "And they lived happily ever after" are idiomatic and not consider plagiarism.

But idioms touch on an interesting topic related to idea theft, which is how likely it is that you came up with something on your own, or that anyone could without the original text. The line you quoted from Running on Air is unique, but the idea that coming home is hard is commonly accepted. Indeed, there is an idiom that states "You can't go home again," which refers to the difficulty of coming home again.

Therefore, if someone said, "Going home is difficult," it might be a paraphrase of the sentence from Running on Air, but it might also be a paraphrase of the idiom, and it would be a little silly to call that plagiarism. Paraphrasing can be plagiarism, but it depends on a) how closely the paraphrase hews to the original, b) how much is paraphrased (as soon as you're paraphrasing more than a line, it really starts to be plagiarism), and c) whether someone could reasonably come up with it themselves.

So, if someone said, "Leaving home isn't difficult, but going home again is," that paraphrase is a lot more directly related to the original sentence and could be considered plagiarism. However, in a story without any other Running on Air references or similarities, I would assume an author came up with that based on the idiom and would never even dream of accusing them of plagiarism. But if the next two sentences were also similar to lines from Running on Air, I'd get suspicious.

In fact, the original line you quoted is close enough to the idiom that if I read it in a different story, I might assume that the author hadn't remembered that that line was from Running on Air. This has definitely happened to me--I used a line or phrase that I thought was mine, but I actually got it from somewhere else. If you're doing it consciously, you shouldn't. With paraphrasing, I think it's a little dicier; some would say if you're consciously paraphrasing anything it's a problem, but if you know you read that line from Running on Air but also know you've thought about that idiom about coming home a lot, it might be fine to say something sort of similar, as long as it's not the same and as long as you're not taking other things.

The same is true with ideas. You asked about Away Childish Things. If you read that fic and decided to write a fic about Harry de-aging, you might have been inspired by me, but it isn't stealing because de-aging is a common trope in fandom. You could've come up with it yourself or by reading any number of things. You asked about the plot; if you wrote a story in which Harry and Draco got to know each other by identifying illegal potions and then while doing some of that work together, Harry got de-aged and later Draco got de-aged, I would still say that this is a plot you could have thought of yourself. If you wrote a story in which everyone was infected by a potion that was like Imperius, meaning Harry only trusted Draco to help him, and Harry de-aged, and then to cure him Harry re-aged and then Draco de-aged, and could only re-age one year at a time, dealing with all of their Hogwarts years again and revealing Draco's history with his mentally ill mother and Muggle dating, I would say...okay, that's hewing pretty closely to Away Childish Things and feels a bit like you took something from me.

If you called a shop in your fic Tailored Tinctures, that's very specific, and I would say you took something from me. If you had an indicator solution in which you had to dip your thumb and your thumb turned cerulean to indicate a positive, I would say you took something from me. For these kinds of questions, it has to do with the amount you took but also the specificity of it.

As I mentioned, fandom has its own culture. Usually if you get an idea from someone else it's a very good idea to drop that author a line and say, "Hey, I got inspired, do you mind if I do?" But I don't do that when there are a hundred fics that all have the same idea, because by then it's starting to be fanon, and using fanon is not considered in this culture to be stealing.

Different people have different ideas about this, but I do feel that I'm pretty close to the general thought on this. Some people will say that any time you are inspired by anything you must credit, or you must ask, or you must never use it to begin with. But most of us are inspired by things all the time, and the only times we claim we aren't are the times when we really can't remember what the original inspiration was, or when things are so jumbled that ten different things inspired one idea. In those cases it isn't true that we aren't using other works, only that we can't identify them.

[guysonroblox]

[andstuffsketches]

finally watched Reign of the Supermen

[identityquest]

redesign of my simple country lawyer

[badaziraphaletakes]

As a rule, we don't post art, but I'm sorry, what the actual fuck is this??? ^

[hummingbee-o0o]

I...

(guys this is real, here's the ISBN and everything: ISBN 1435172507)

[bunabi]

A few years back there was a video circulating about Cullen’s VA doing some anti-woke nonsense and acting it out as his character. Was that you who did the edit of it? Because if so, I kinda wanted to see it again. I need a laugh 😅

Nah I didn't edit it 😭 that was all Greg's handiwork I fear

It's available on youtube somewhere I'm sure. Try searching 'Dear Cullenites' you're sure to find it that way.

[cringywhitedragon]

Looking away from the bad choice Nintendo chose to do with Palworld, they have done something good in terms of Lawsuits and went after some bootleg Gatcha games in China

Recently Nintendo won a $15 million dollar lawsuit against 6 companies that were producing and profiting off illegal bootleg Pokémon games.

These games, which are often Gatcha Games are regurgitated up onto the App Store or Google Play store in droves usually with the same premise (Take a traditional Pokémon game battle mechanics wise and make catching Pokémon locked behind a very very pricy and P2W Gatcha system designed to trick little Timmy into wanting more, sometimes there’s catching mechanics but no it’s all about that cold hard cash baby as after a certain point the “devs” just give up if there is even a story to begin with.)

You may have seen these in passing on YouTube or that one weird Mario Odyssey rip-off a few years ago.

The game that’s been placed front and center for everyone to see is a certain title called Pocket Monster Reissue (Yeah I have no idea what that title is supposed to mean either)

This was kinda the only video I could find on it. Yes it’s in Chinese but there are English versions of these games floating out there.

It’s your standard Pokémon Gatcha ripoff affair: Ash, Gary/Blue, and Oak (along with other popular characters) appear, it’s a rehash of Kanto because that’s what the kids want, megas and legendaries are oddly locked behind a very high paywall, stolen artwork, Engrish, etc… etc…

The whole nine yards or whatever…

Something you may not know is that it is usually pretty difficult for these games to be taken down because well… China’s kinda had a long history of ignoring international copyright laws to the point, especially when it comes to gaming, that when these things get onto the internet, can spawn memes because of a funny Swede’s reaction to a horribly colored Mario and the Flintstones theme song.

Because of this, and also the use of shell companies that bootleggers use to hide themselves behind, catching and shutting down these operations don’t tend to be the easiest things for ip owners to go after.

And trust me, these things rake in the cash because well… You’re literally ripping off one of the most popular media franchises there is.

This game in question was raking in at around $42 million in a single year alone, Nintendo filed this suit back in around 2021 seeking up to $72 million in damages alone.

Yes I critique Nintendo for some of their legal aggression because y’all need to chill with the fangames, but this is great news because these games are dangerous for a number of reasons.

Also to make matters even stranger, one of the defendants in the case is a manufacturing company. While this hasn’t been confirmed, this company was likely being used as a means to lander money through or something similar.

Main article cited: https://automaton-media.com/en/news/the-pokemon-company-wins-15-million-copyright-infringement-lawsuit-against-china-based-game-developers/

[kangpingyu]

why is gif making becoming a lost art in fandom spaces

[sentientsky]

anathema spin off series when!!!!!! (seriously i need it so much)

oh 100%!! anathema kicking ass, solving mysteries, saving the world??? aziracrow cameos?? ineffable bureaucracy thrown in there for good measure??? hell fucking yeah, dude!

[theflowerofthecommonwealth]

They must be leashed at all times. Otherwise chaos will commence.

Give your best wishes to Nick. He needs it.

[bobellafofella]

hello all!!! happy summer 😎 as i have been released from finals and have some free time on my hands i am wanting to work on something that's been on my radar for a while now --- a ko-fi/online shop!

as one lovely soul inquired about a while ago, i'd love to offer some version of my anne of green gables illustration, and so, question: would you buy a digital downloadable printout if i offered it? this would probably mean a high dpi file that could be printed out at home on paper of your choice! thank u and love u and peace

[vii-spider]

had some ideas for a pizza tower au/fangame/whatever earlier

[remythologise]

thinking fondly this morning of the creators of supernatural, who are good omens fans

[our-inspire-verse]

They deserved their own post.

[mossolantern]

shout out to that one homestuck brush set on the clip studio assets store that i was abt to buy but got taken down for before i could 😔