There are, arguably, seven basic plots. I won’t list them here, but you can find them if you click this link: The Seven Basic Plots: Why We Tell Stories by Christopher Booker. All seven can be said to result from real life inspiration. While fiction can take these inspirations to incredible heights, the ideas begin from somewhere.
So we have inspiration, yes?
It was brought to my attention this morning that there has been a lawsuit taken up by Sherrilyn Kenyon, bestselling author of the Dark-Hunter paranormal romance series, accusing Cassandra Clare, bestselling author of Mortal Instruments and the Shadowhunter series, of copyright infringement. (Read the article here: http://www.theguardian.com/books/2016/feb/10/sherrilyn-kenyon-sues-cassandra-clare-for-wilfully-copying-her-novels )
In this particular case, it seems to me a clear case of copying: if you read the exhibit (click here) given in the lawsuit, the infinite monkey theorem comes to mind as the only other possible explanation, particularly when Clare denies even having been inspired by Kenyon’s work. Either that or both authors are the same person and the lawsuit is an attempt to drum up business.
…hey, there’s an idea for a novel. You see what I mean? THAT’s inspiration.
While there is a lively discussion going on in the FaceBook group I belong to about whether or not an author can own an idea, and how within a genre certain aspects of creations (worlds, characters, fantastical traits) will keep popping up, there has to be a line upon which copying and inspiration is drawn. And my FaceBook acquaintances have a very good point. Though fiction is inspired by real life, fiction also inspires more fiction. How many novels and screenplays have been inspired by the character of Dracula? Countless. Although Dracula may be a bad example because its copyrights have expired, normally permission must be given to copy a story. But what about inspiration? I’m sure Ann Rice and Stephenie Meyer had no issues over creating vampires as their main characters. The point is, they created their own brand of vampires, expanding on the inspiration they received from the Master.
Just as there are only so many plotlines, world building is similarly restricted to having features that we humans can relate to; characters as well. There is a common fear among authors that we are infringing upon each other’s ideas, and these restrictions are to blame. Of course we can’t read everything, just to make sure, but when we do read something that inspires us, I believe it’s the mark of a good author that he or she can expand that inspiration to create something new from it.
So we have copyright infringement vs. inspiration. Is there a magic number of similarities which define where the line is and when it’s crossed? If so, what is it? Have you ever read something that you think crosses the line? Let’s discuss.
March 17, 2016 at 6:07 am
Very similar. I can see why this is now a lawsuit.
Excellent post and comments. Thank you.
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March 17, 2016 at 9:10 am
Thanks very much, JoHanna. Glad you enjoyed the post. 🙂
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February 13, 2016 at 12:09 am
Reblogged this on Her Headache and commented:
Should I be getting myself one of those copyright notices too? Hmmmmm. Interesting discussion to be had here.
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February 13, 2016 at 8:17 am
A lot of bloggers have them on their pages as widgets. I think it’s a good idea – how much they actually deter people who are out to steal anyway, I really don’t know.
Thanks for the reblog, Kerry. 🙂
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February 12, 2016 at 3:56 am
I’m not sure “Dracula” (1897) is a particularly good example, given that the character was pretty much lifted wholesale from the life of Vlad the Impaler and the first appearance of a literary vampire was over a hundred years prior to Stoker’s novel.
Even the popular trope of lesbian vampires that adds an extra erotic overtone to everything from The Hunger to True Blood was created by Sheridan le Fanu for his story “Carmilla” in 1872, 25 years before Dracula.
Even Polidori, who wrote “The Vampyre” in 1819, based the plot of his take on the life of his debauched mate, Lord Byron.
So who was plagiarizing whom?
Admittedly, direct copying of somebody’s work is not only pointless but self-defeating, given that the copy will always be unfavorably compared to the original, so I fail to see the point in doing that.
However, I do think there is a certain amount of convergent inspiration (for want of a better term) that leads to subconscious absorption of other artists’ work, whether or not the person being inspired realised it and in those cases the inspired work can often be an improvement. After all, an idea is only an idea, if it’s badly written, it’ll still be a bad read. Someone taking that idea (time travel, for example) and writing a great story, shouldn’t be criticized for not having an original idea if their work takes it in a new and interesting direction.
As usual, I’ve no idea whether this comes near to answering whatever your question was, but thanks for asking anyway, hahaha.
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February 14, 2016 at 10:58 pm
Yeah, I realize “Dracula” is a bad example for many reasons. But it was all I could think of when I wrote this post. Sue me. Or actually, don’t . 😛
I agree, plagiarism is pointless. And I also agree that taking a general scenario and expanding upon it using one’s own unique direction is hardly copying an idea. I think though, the direction has to be at least, say, 10 degrees off course? I dunno.
Did I answer my own question? You’re welcome. 😉
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February 11, 2016 at 9:38 pm
Oh god how stupid. The “plot” of these books, which to me sucks by the way, is the SAME plot in almost every children’s fantasy book I read and I read tons of them. This woman needs to get over herself. You can’t copyright a damn plot!
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February 11, 2016 at 9:41 pm
No, you can’t. But did you read the “exhibit”? It seems every tiny little detail was copied.
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February 11, 2016 at 9:43 pm
No I didn’t read it. Just the article. If she did indeed copy it word for word than she deserves to be sued. But the “plot line” in general is soooo generic… it literally is a mold for most books. That amused me.
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February 11, 2016 at 9:46 pm
This is true – there are a lot of very similar books out there. I’m sure a large part of the whole deal is the money that’s being earned off a series that appears to be cut and pasted apart from the names.
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February 11, 2016 at 9:48 pm
That is exactly it. I guess if they have the extra money to battle it out in court have fun with that. I have seen an endless number of lawsuits where people claim someone “stole something.” Everything from a T-shirt idea, to an app, to a freaking joke by a comedian. It gets old. Like that woman said in the article you can’t copyright everything or no one could write anything.
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February 11, 2016 at 9:54 pm
No you can’t copyright everything – but I do believe we have the right to own our exact ideas. We all have copyright notices on our blogs, right?
Word-for-word is plagiarism. Isn’t just changing a few here and there? How many do you have to change to get away with it? That’s the question I’m asking in this post.
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February 11, 2016 at 9:55 pm
Word for word is plagiarism, but the growing norm is that changing “some of it” is acceptable these days. It sucks, but it is accepted. Fan fiction is my point of reference of course.
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February 11, 2016 at 10:00 pm
Fanfics generally keep the characters but carry on a scene where the original left off. 50 Shades is a perfect example of a fanfic (of Twilight) that got away with it because she transformed it into a completely different genre. E.L. James is the only one I know who’s gotten away with it to the tune of millions of dollars.
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February 11, 2016 at 10:02 pm
Those are published fanfics. If you browse realtime writing, such as blogs, you’ll see what most people would consider plagiarism. It isn’t word for word though, but it is the theme carried over. Hell some authors get mad that you steal their “character names,” like there is only one Flynn Rider in fiction? Sigh… I get your points, but my point is and always has been that people will forever copy stuff. It is just a matter of how lazy they are about it. It has been happening to me since week one. You know I actually come across people with posts claiming they have a 33.3% formula… but it is the same thing… who knows! lol
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February 11, 2016 at 10:08 pm
Yep, I know. It’s rampant. Just a bunch of losers trying to take credit for something they stole.
Hey, I have a 33.3% formula – 33.3% rum, 33.3% Coke, and 33.3% ice. Trick is to drink it before the ice melts. 😉 Is that the same as yours? 😀
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February 11, 2016 at 10:09 pm
That looks like mine… minus the ice and coke. lmao!
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February 11, 2016 at 10:23 pm
😉
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February 11, 2016 at 7:18 pm
I think this is a silly lawsuit. I think the mythology is the same in both stories, but they differ in setting, target audience, rating, and characters. The plots are similar, but different enough. You can’t copyright an idea. I can’t copyright 10 year old white N cream pom dog stories because my dog is that and I wrote about her first. People will come after me and write their own” Bianca “stories.
It’s all about writing style and being confident in your work. Dark Hunter Series has a million books. Immortal has 6 (and a spin off). It’s movie bombed and I’m sure the Tv series will as well.
Supernatural is my genre if choice. At the end of the day, you can only change or monster or supernatural being so much or they no longer are the creature intended. As long as good writing, character development and strong plot is brought to the table, I say writing bout ideas is fare game.
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February 11, 2016 at 9:28 pm
Have you read both series? I was hoping someone would show up who had.
If the “exhibit” document is to be believed, it seems there was nothing new about the characters except their names…
I do agree with you though that writing style and confidence is important, as long as no one is copying someone else’s ideas.
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February 11, 2016 at 4:10 pm
Reblogged this on Jorda's Blog.
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February 11, 2016 at 5:54 pm
Thanks for the reblog. 🙂
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February 11, 2016 at 5:56 pm
Of course! It is a very interesting subject for debate.
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February 11, 2016 at 2:11 pm
Reblogged this on Don Massenzio's Blog and commented:
This is a great post. Whenever I’m asked where ideas come from, you never know.
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February 11, 2016 at 2:14 pm
Thank you, Don. 🙂
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February 11, 2016 at 1:45 pm
Reblogged this on Pearls Before Swine and commented:
Wow. This is too close for comfort. I’d be devastated.
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February 11, 2016 at 1:50 pm
Me too! Thanks for the reblog. 🙂
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February 11, 2016 at 2:49 pm
Your welcome hun
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February 11, 2016 at 1:32 pm
Funny timing, as this question applies to “The Alchemist”. It is said that, “One of the chief complaints lodged against the book is that the story is a retelling of “The Ruined Man who Became Rich Again through a Dream”. Coelho, however, does not credit this source text anywhere in the book or in the preface, passing the story as an original work of fiction. Also the life story of Takkeci Ibrahim Aga who is believed to have lived in Istanbul during the 1500s, has the same plot. So too does the English folk tale, the “Pedlar of Swaffham”.
With so many authors out there, people are bound to have the same idea of someone else. It’s inevitable. Unless the book is almost an exact replica, I don’t see why it would be an issue.
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February 11, 2016 at 1:49 pm
Ah, see that’s where the line fits in. Having the same plot isn’t necessarily having identical characters and setting… That’s where it becomes a replica.
I didn’t know that of The Alchemist. Interesting. 🙂 Thanks for sharing that, my dear.
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February 11, 2016 at 2:30 pm
This is similar to the 1940’s battle between DC Comics (then National) and Fawcett Publications over the characters Superman and Captain Marvel. DC claimed that the, far more popular CM, was a copy of SM, even though CM had abilities that SM didn’t (like the ability to fly – SM just jumped real far, like the Hulk). The suit lasted 12 years, during which time DC copied some of CM’s abilities, including flight. Both companies made the same claims about action scenes in their opponents comics that were similar to their own. Oddly enough, the creators of SM didn’t copyright him until after the introduction of CM, but the courts still judged in favor of DC. Years later DC purchase CM from Fawcett.
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February 11, 2016 at 2:39 pm
Huh. I knew Superman was created by a Canadian, but I didn’t know there was a battle over him. Thanks for sharing that. 🙂
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February 11, 2016 at 2:44 pm
There is a theological connection to Superman as well. Creator Jerry Siegel was Jewish, Superman belonged to the House of El on Krypton. His name was Kal-El, father war Jor-El, etc. El is one of the Jewish names for God.
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February 11, 2016 at 2:47 pm
Cool! That’s really interesting. 🙂
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February 11, 2016 at 3:46 pm
That;s true. Very good point. Having identical characters certainly draws some questions of originality.
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February 11, 2016 at 1:05 pm
I’ve sent this link to Sassy, since she’s a huge Clare fan. I’d say there’s a bit too much similarity there to be completely innocent. Can Clare claim she’d never even read Kenyon’s books? Hmm. Yeah, I no likey that. I’d sue, too. Especially since they’re making Clare’s books into shows and movies or whatever, I’m just the mom, lol!
I think there’s truth in the fact of the canon. We all build on something that already exists. There just are some basic qualities, assumptions, and studies about metaphysical / spiritual world that writer’s generally stick to, but there are too many commonalities in that link to be in good taste.
Also, I am irked that The Guardian has a writer who’s putting punctuation outside quotation marks like it’s cool. Mercy. Are there no standards left in journalism?
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February 11, 2016 at 1:22 pm
I knew there was something wrong with the text in that article! I didn’t see it though. Good call, Joey. 🙂
Yes, we start from the basics and then build from them. That’s exactly what should happen. I can’t see how there can be any doubt though when reading that exhibit that there are waaaay too many similarities to be ignored.
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February 11, 2016 at 1:23 pm
All writers need editors, I screw up plenty, but she did it repeatedly, as if she’d never even been taught.
Yeah, too much to be innocent.
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February 11, 2016 at 9:39 pm
It is THE GUARDIAN. There are NO standards… might as well be the huffpuff.
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February 11, 2016 at 1:04 pm
Well, the site has changed. Maybe someone rapped her fingers already, but the link I gave should have opened the poem I mentioned. I could not even find a search engine to locate it this time. Did anyone else have any success? Several years ago (the last time I looked for the poem there) this author only featured poems she had written. Now she is featuring multiple categories of poems by famous people. A good change for sure…
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February 11, 2016 at 1:08 pm
Was the poem identical to or reminiscent of the original?
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February 11, 2016 at 1:12 pm
Every word, every line, every punctuation was the same.
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February 11, 2016 at 1:30 pm
I can’t find the Browning version but I’ll take your word for it. Sounds like a clear case of plagiarism. I’ve never understood why anyone would bother to do such a thing…
Thanks for the example, Beth. 🙂
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February 11, 2016 at 1:19 pm
OK, not to be outdone, I used Google to find it. See this link and then look again at the old book (published long before this woman started writing) that attributes it to Elizabeth Barrett Browning.
http://judithpordon.tripod.com/poetry/lena_lathrop_a_wmans_question.html
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February 11, 2016 at 12:57 pm
I don’t want to get into a wrangle with anyone, but I thought this one was a cheap shot–a perfect illustration of how low some will stoop. Read the poem first, and then read my comment.
A modern day poet, (Lena Lathrop http://judithpordon.tripod.com/poetry/index.html) claims authorship of “A Woman’s Question”, but the book (Duties and Beauties of Life: A Book for the Home, Edited by F.L. Rowe, Assisted by M.A.C., published in 1908, F.L. Rowe, Publisher, Cincinnati, OH) includes a copy of this poem and the author is purported to be Elizabeth Barrett Browning.
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February 11, 2016 at 1:01 pm
The link shows a page, not a poem…
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February 11, 2016 at 12:49 pm
That’s a pretty good idea for getting publicity Linda. If I ever write a book, maybe I’ll sue myself. But, then you’d sue me…
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February 11, 2016 at 12:51 pm
Hahaha! Don’t steal my idea!
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February 11, 2016 at 1:00 pm
OK, I’ve been warned.
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February 11, 2016 at 1:01 pm
😉
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February 11, 2016 at 12:34 pm
An excellent question. Is it fair to say you can copyright a thought/series of thoughts that lead to a creative endeavor ? Inspiration is one thing. Copying text is another. I’m just not sure about that line.
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February 11, 2016 at 12:37 pm
Did you open the “exhibit” link? It appears to border on plagiarism. But of course, she probably didn’t copy text, which is why it’s being called copyright infringement instead.
But no, I don’t think you can copyright a thought. It’s the end result of the thought that needs to be examined.
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February 11, 2016 at 12:42 pm
Yep. That one goes way over that line.
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February 11, 2016 at 12:44 pm
Incredible, isn’t it?
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February 11, 2016 at 12:22 pm
I can’t even begin to imagine what that line would be. BUt it’s similar in music….I have heard so many tunes that have similar chord progressions or parts of a melody that I think it’s a remake of a song I already knew. Can a musician own a series of chords or is there a magic number of notes in a row that is the line between covering someone’s work? I don’t know. But they do say that imitation is the most sincerest form of flattery…I guess until there’s money involved, right?
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February 11, 2016 at 12:34 pm
Heh. Yeah, that’s pretty much what it comes down to. Who wants to read the same book by two different authors? In the end people will buy one or the other, potentially cutting the authors’ sales in half.
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February 11, 2016 at 12:59 pm
So true. I can’t tell you how often I’m disappointed that a song coming on is not the song I thought it was, but those first few notes, that first baseline…
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February 11, 2016 at 1:10 pm
What also pisses me off is not being able to figure out which song the other sounds like…
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February 11, 2016 at 1:14 pm
Haha! Yes, sometimes there’s that, too! 😛
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February 11, 2016 at 1:13 pm
I often wonder how so many songs can exist with only seven full notes and five half notes to work with…
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February 11, 2016 at 1:28 pm
but in combination…..the possibilities are endless!
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February 17, 2016 at 1:01 am
Isn’t this how hackers figure out your passwords? 😦
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