Plagiarizing and you

Or : how some really clear-cut rules and examples would be really nice

Also, some things are plagiarizing and some are copyright infringement. There is some difference between the two, so do your research as good as you can.

So, you really love this one show and you're going to write a story about it. Which is nothing to be ashamed off, but there are some pitfalls you will have to be careful about. First of all, let's start with the two biggest no-no's out there. Why are they the biggest? Because these are the only two that I have found conclusive and uniform agreement about that they are bad, even in FF's rules (which really could use some extra work as well.)

No-no 1 : Completely copy-pasting (or typing with the original source next to you, whatever) an entire work, only changing a few names along the way. Seems like there are a lot of people out there who do that (some call it novelizing a movie, but it's still not okay unless the creators of said movie actually asked you to do it and you've signed a contract and shit)

Why is this bad : because you can't really call it writing anymore, now can you? It's like when I really love an online novel with the main characters Adam and Steve and I change their names to Morticia and Eve and that's it. This is not writing fanfiction.

No-no 2 : adding the lyrics of a song to your work. This doesn't go for all songs, but let's call it safe and say pretty much every song you have on your ipod or playlist or whatever belongs to this category. Why? Because you are once again distributing material the creators would ask money for. Only songs that are in the public domain are 'okay' to be used, but you should still inform people where you got them from.

Why is this bad : because you're giving away for free what your favorite band would actually like to sell - or give as a bonus with purchased items - and it's bad for their sales. If you love a band, don't steal their money.

BONUS : If an author doesn't want fanfics made about their work, respect that.

Time to go into the greyer areas. I call them grey because from here things just get pretty hazy because nobody agrees on anything. But I did find two sets of rules that are pretty important, since they get quoted a lot.

Set of rules 1 called fair use, from the organization of transformative works (I have copied these from their website, yes) :

Note : these apply mostly to the US in one form or another, so perhaps check the dealings for your own country as well.

Fair use favors uses that

(1) are noncommercial and not sold for a profit (as in, you are not making any money of your fic. Because you have based your work on the original and it is still recognizable as being based on it, ergo, don't sell it.)

(2) are transformative, adding new meaning and messages to the original (Did you copy-past? Then you're not being transformative. Being transformative is more than just changing events and supplying different names. What do you want to tell with your fic that wasn't covered in the original work?)

(3) are limited, not copying the entirety of the original (again, did you just copy-past the entire thing and leave it at that? Not good!)

(4) do not substitute for the original work. (Is your work replacing sales that the original would have made if your fic didn't exist? If the answer is no, you're good. If it's yes... well, apart from having done a smashing job you also broke the rules. Delete it and write an original work, which is bound to be great if you're capable of replacing a selling author)

None of these factors is absolutely necessary for fair use, but they all help, and we believe that fanworks like those in the archive easily qualify as fair uses based on all these factors.

And this is a set of rules from the school of law website in San Fransisco - they also compared the rules with 50 Shades of Grey and Harry Potter fics - that are pretty much the same but worded a bit differently :

If a writer of fan fiction is sued for infringement the writer can make an argument of fair use. Under fair use, there is a four factor test that the courts apply:

1) the purpose and character of the use (commercial in nature or nonprofit educational purposes) : the same as the previous rule 1, but it never hurts to remind people you cannot sell fanfiction. EVER.

2) the nature of the copyrighted work (this refers to transformative but in the case of some types of fanwork could also apply to their content. People often make the case that Rowling supports fanfiction but forget that she has had several taken down that were sexual in nature.)

3) the amount and substantiality of the portion used in relation to the copyrighted work : one group called this the 25 and 33 percent rule. The 25 percent is how much of the original work was 'copied but still credited to original author' that is consecutive in a work (For example, a chapter). The 33 percent rule dictates that if you have over 33 percent of copied material in your entire work you are in violation.

and 4) the effect of the use on the potential market of the copyrighted work : the same as rule number four above.

Go over this list, keep it in mind. The entire area is one huge grey zone, but you have to keep one thing in mind. If an author ever says they don't want fanfics made of their work, you respect them.

Also, if there are things that should be modified inform me. My source for this was the internet in general and a chat group concerned with this kind of thing. Accurate information is also important, since it drove me crazy to know if I was correctly accused of plagiarism. I'm glad to know that I was not, which would have surprised me, but that copyright infringement might (and always will be) a possibility.