Fine Line Between Plagerism and Inspired by.

Sometimes it's hard for me to tell when something is "inspired by" and something is "plagiarized." I mean, I'm not an idiot, I can tell when it's bltantly obvious, but it's the more subtle approach. So I ask all you fellow writers, when does it stop being "inspired by" and start being just flat out stealing?

I dunno. Harlan Ellison sued James Cameron and won, but I never found The Terminator to be terribly similar to Ellison's work.

Depends on how good your lawyers are compared to their lawyers.

It's a difficult thing to define, particularly when, like me, you deal in fanfics, which is already arguably plagiaristic and likes to drop references like it's going out of style (never really grasped why that's the fad).

At the point you've lifted a complete paragraph or a taken a setting detail, name and all, uncredited, you're over the line. Anything before that can be debated.

The boundary is determined by which side has better lawyers. Truth. Look at all the cases of people doing things that purely and clearly fall under fair use, getting sued, and loosing.

edited 28th Jul '11 4:28:45 PM by Lessinath

^ And then look at all the cases where somebody tried to copyright something and lost miserably in a public battle.

Disney trying to copyright "SEAL Team Six" (A US Military unit and part of the Federal Government) comes to mind.

......They DID that? You sure it wasn't an urban legend, because that...just doesn't sound right.

And then there was the time the people behind Doctor Who copy-righted the police box—and won the lawsuit against them.

It's not like police boxes were being used anymore, unlike the Navy SEAL.

^^ They tried....and failed miserably. (This was immediately after the eponymous unit shot Bin Laden in the head.)

-Face Palm-

Why did they even try copy-righting something that belongs to the government? I doubt Disney can out-lawyer them.

Sometimes the right thing wins out. That's rare, and only in the most public of cases. It is far easier to find examples of these companies who consistently prove that they are greedy bastards and complete monsters.

^^ More like it would be this.

Disney: Lolk, so we're gonna copyright SEAL Team Six kthxbai?

Feds: Okay, but in fair trade for copyrighting the name of a US military outfit, we're changing the rules regarding public domain, Steamboat Willie is no longer yours.

Disney: FUUUUUUUUUUUUUUUUUUUUUUUUUUUU-

I wouldn't go as far as calling them Complete Monsters. They're just very greedy.

Made Of Win, Major.