May 1st, 2008 @ 11:01 am

Rowling in the Courts

Over at Lesbian Fiction Forum (a way cool place to hang out and discuss/debate lesbian fiction and life in general), someone posted a link to an essay by Orson Scott Card. The title is Rowling, Lexicon, and Oz. Cool title, eh?

Can you believe that J.K. Rowling is suing a small publisher because she claims their 10,000-copy edition of Harry Potter Lexicon, a book about Rowling's hugely successful novel series, is just a "rearrangement" of her own material.

Rowling "feels like her words were stolen," said lawyer Dan Shallman.

Well, heck, I feel like the plot of my novel Ender's Game was stolen by J.K. Rowling.

A young kid growing up in an oppressive family situation suddenly learns that he is one of a special class of children with special abilities, who are to be educated in a remote training facility where student life is dominated by an intense game played by teams flying in midair, at which this kid turns out to be exceptionally talented and a natural leader. He trains other kids in unauthorized extra sessions, which enrages his enemies, who attack him with the intention of killing him; but he is protected by his loyal, brilliant friends and gains strength from the love of some of his family members. He is given special guidance by an older man of legendary accomplishments who previously kept the enemy at bay. He goes on to become the crucial figure in a struggle against an unseen enemy who threatens the whole world.

This paragraph lists only most prominent similarities between Ender's Game and the Harry Potter series. My book was published in England years before Rowling began writing about Harry Potter. Rowling was known to be reading widely in speculative fiction during the era after the publication of my book.

Later in the essay:

You know what I think is going on?

Rowling has nowhere to go and nothing to do now that the Harry Potter series is over. After all her literary borrowing, she shot her wad and she's flailing about trying to come up with something to do that means anything.

Moreover, she is desperate for literary respectability. Even though she made more money than the Queen or Oprah Winfrey in some years, she had to see her books pushed off the bestseller lists and consigned to a special "children's book" list. Litterateurs sneer at her work as a kind of subliterature, not really worth discussing.

It makes her insane. The money wasn't enough. She wants to be treated with respect.

You must go read the essay for yourself. All writers should read it, actually.






May 4th, 2006 @ 11:56 am

Plagiarism Revisited

You know, if a book is so difficult to write that the writer must steal from others to complete it, then perhaps that book shouldn't be written nor the writer writing.

I stole got borrowed this from Georgeanna Hancock over at Writer's Edge.

Writers' Ethics

Did you ever wonder what a "book packager" does? In the latest plagiarism brouhaha over Kaavya Viswanathan's How Opal Mehta etc., now pulled from shelves, the NY Times provides some interesting insights in First, Plot and Character. Then, Find an Author.

But on the copyright page–and the contracts–there's an additional name: Alloy Entertainment. … In many cases, editors at Alloy–known as a "book packager"–craft proposals for publishers and create plotlines and characters before handing them over to a writer (or a string of writers). … Alloy owns or shares the copyright with the authors and then divides the advances and any royalties with them.

And did I hear correctly, that the advance was half a mil? According to the author in a Today Show interview earlier this week, she received this offer when she was 19 for a book she'd started writing when she was 17, which must have been right after her last of several readings of the two books from which she is accused of lifting copy. Sounds like K-12 education needs to add ethics training to the curriculum.

If you'd like to test your judgmentment in a variety of situations, take the quiz in next month's Writer's Digest's Are You an Ethical Writer? Come up lacking or questioning? Poynter Online has an entire division of its website devoted to ethics and two free online courses in its News University.

I am sure that as teen or pre-teen, I plagiarized along the way. But once I learned what that word meant and what classifies as plagiarized, I never did it again. Example: I hated gym class. Hated. Whenever I could, I chose to go to the library and write a report on some sport related thing. I copied it word for word out of the books. The teacher knew of course. We weren't graded on the report and I doubt the teacher even read it. The idea was it was a form of punishment, not a learning experience. Snort. I'd rather copy an entire book by hand than take gym class.

I took several journalism classes in high school and learned how to include bits from other sources without breaking the rhythm of the article. "According to…." is a great way. Or "[Insert source] says that…"

But that's all nonfiction. The lines and rules for nonfiction are widely understood. But what about fiction?

I don't understand the need to plagiarize fiction. Fiction is made up, not real, a fantasy in a person's head so they put it down on paper. So why go steal someone else's words? In fiction, to stop and say "According to Nora Roberts, the hero leans forward and…." or "According to Megan McCafferty, the characters turn to each other and say…."

The idea that fiction plagiarism is so widespread just doesn't fit with what I understand to be ethical writing. I don't get it. It is a waste of energy and resources. In the time it took to flip through the other writer's book, find the passage you need, copy it down, change the bits that you need to…..couldn't you have just written your own??

Is it the publisher's fault? Little, Brown is a huge corporation. They could have an intern or two or dozen that reads the summary of the new book and see if any other books meets two or more of the points. Then compare the two further. You know, like, some girl in high school is fighting to get into a big Ivy League school. Hey, didn't someone else write something like this?

No, it's not the publisher's fault. Anyone have any idea how many Young Adult novels there are out there and how many are published each year? I don't either but I betcha the possibility of such a team of interns would just not be feasible.

Is it the "book packager's" fault? They do this for a living; come up with a plot and concept and find the author to write it. Surely they check to see if it has already been done. And if it has, wouldn't they tell the author? "Oh, and someone's already done this plot line. You need to make it your own, use your own imagination and uniqueness to create something different and better."

Nope, it's not their fault. Well, maybe. But not totally and not entirely and definitely just a tiny bit.

The fault lies with the writer. The writer is who puts the words down. At some point the writer knows if this plot is going to make it or not. Does the age of the writer matter? Some. A twelve year old wouldn't be allowed to make such big business decisions on their own. Would a 19 yr old be pressured to the point that to say 'hey, I plagiarized would be like, total death? That's not the point.

The point goes back to that day, that moment, when the writer makes the decision to copy. It is that moment that all other factors are removed. "Copy the text or come up with my own?"

Does a looming deadline count? Does pressure from parents, agents, friends, family pet count?

No. It is still that moment. Stealing is stealing whether it is a candy bar from the corner store or a dollar from your mom's purse. At some point, the decision to take that candy bar had to be made. What if guilt lay heavy and the thief wished time could be reversed? The eaten candy can't be put back but the money for it could be dropped into the penny cup. The dollar could be returned to the purse. There are always ways to undo damage, even if it can only be confessing to it and facing the punishment.

At some point, the decision to plagiarize had to be made. And at some later point, the writer was faced with the reality of that decision. How many edits does a book go through before it is sent to a publisher? How many more edits is done between writer and publisher? At some point, the writer had a chance (or two or dozen) to change the stolen sections.

Kaavya Viswanathan chose not to. She plagiarized. The good she could have done for her ethnic group, for other young girls, for other "different" kids who wanted to make it to Harvard…all that good is trash now. Perhaps some good did come of it. When plagiarism is caught, it can get nasty all across the globe.

There are better ways to get famous.






Feb 27th, 2006 @ 10:00 pm

Intellectual Property

From BBC News:

Da Vinci Code 'copied book ideas'

A claim that Dan Brown's bestselling novel The Da Vinci Code copied the ideas of two other authors has gone before London's High Court.

Michael Baigent and Richard Leigh say Mr Brown stole "the whole architecture" of research that went into their 1982 book The Holy Blood and the Holy Grail.

Both books contain the idea Jesus had a child. They are suing publisher Random House, which denies the allegation.

Mr Brown attended the court on Monday as a judge heard initial submissions.

'Intellectual theft'

….Mr Baigent and Mr Leigh's non-fiction best-seller The Holy Blood and the Holy Grail (HBHG) was also published by Random House.

It dealt with theories that Jesus and Mary Magdalene married and that their blood line continued to the present day.

Their lawyer Jonathan James told the court: "Dan Brown copied from The Holy Blood and the Holy Grail and therefore the publication of the result by the defendant is in infringement of the copyright of my client in the United Kingdom."

(full story)

In an earlier post, I discussed my opinion of plagiarism. I provided a link to the list George Polti came up with 36 dramatic situations on which every novel is based upon. With this in mind, is "stealing" intellectual property even possible? The idea of Jesus the Christ having children is not a new one. So whose intellectual property is it? Should the Pope be the one in the lawsuit? Afterall, as representative of one of the largest Christian religions, wouldn't he also represent Christ's intellectual property?

I don't know the details of this case nor have I read any of the books. But if the plot in question is the concept of Jesus having children, then I think the case is a waste of energy. If he used other aspects of their plot, then, well, maybe it's not a waste.

I don't like the idea of the sue-ability of alleged intellectual property. How can a court decide who owned a thought first? In that case, all writers are screwed.

Opinions? Thoughts?






Feb 16th, 2006 @ 11:57 pm

Plagiarism

Plagiarism (n)

  1. A piece of writing that has been copied from someone else and is presented as being your own work
  2. The act of plagiarizing; taking someones words or ideas as if they were your own
    copyright infringement
    infringement of copyright
    piece of writing
    writing
    written material

(source: WordWeb)

It is easy to imagine (but far from condone) nonfiction writers doing this. But fiction writers are doing it as well. This really pisses me off.

A person is writing fiction because they are creative (or consider themselves to be). Why go through the effort of entering in someone else's text then editing it slightly to fit the new story?

Sure, there are 'formula' fictions such as romance. And isn't most fantasy good vs evil?

Someone named Georges Polti came up with 36 dramatic situations. Every fiction book fits into one of them. So it is conceivable that eventually a story line is going to be repeated.

But to sit down with someone else's book, copy their words into your book, and then say those words are yours, that's plagiarism.

We writers have websites dedicated to revealing scam agents and scam publishers. But there is no list of scam writers. Should there be? As a reader of fiction, wouldn't you want to know if the book you are reading is a re-run?

Several years back, Lorna and I went to see an animated flick called "Return to Atlantis" or something like that. It was alright, but it was so like another movie (the title of which escapes me right now, dammit) that we could predict what was going to happen next.

So imagine sitting down with a new romance book you just paid $6 - $12 for. You start reading. At first you think, "This is familiar but all romance is the same thing anyway." and you shrug it off. Then you get to a scene that just jumps out at you. You have read this before in another book by another writer. If you have all your books in one place, it probably wouldn't be too difficult, although an effort, to find the other book.

Plagiarism is lying and I don't like liars.






Jan 15th, 2006 @ 5:54 pm

Thief by any other name….

From Slashdot:

Wikipedia Plagiarism Ends Journalist's Career
Posted by CmdrTaco on Sunday January 15, @10:32AM
An anonymous reader writes "Tim Ryan, a 21 year veteran entertainment columnist for the Honolulu Star Bulletin, was fired yesterday after an investigation revealed multiple instances of his incorporating unattributed paragraphs from other sources. This case is unique in that it was first revealed by Wikipedia after an attentive Wikipedia editor noted similarities between a Wikipedia article and one of Ryan's columns. However he wasn't fired until after other news outlets started to run the story. Sadly, though the Star-Bulletin has admitted to the plagiarism, they failed to publicly acknowledge that Wikipedia was responsible for bringing this situation to light."

link to article

This is sad, you'd think a seasoned reporter would know right from wrong, at least in terms of their selected craft.

I've been around other writers who comment they feel their story or story idea is similar to another writer's. Similar is one thing. Plagarism is another. McAffery (however that name is spelled) is not the first nor the last to write about dragons. What if another writer has a story about genetically altered flying reptiles? That's one thing, but continuing it to write the beasts were bred specifically to help eradicate spores that fall from a passing planet, now, that is a little too close. But what about genetically altered flying reptiles that were bred as transportation? Or bred to fight another beast or enemy?

Eh, well, you know what I mean.

A thief by any other name is still a thief.








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