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**Writer [Reader] To Writer!**PG 76 (Page 6)

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18shabbo

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18shabbo

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Posted: 13 March 2013 at 6:39pm | IP Logged
A lot of writers seem to astoundingly taking a root suffix on plagiarism.
Its good because true to the fact we never bring in the real meaning of the word but our general frustration on the fact that "my" work was stolen and misused without "my" consent.

Im going to make very simple points so as just to let you know that keeping moral high is never a good thought if you are not making an effort to work it.(im no expert but as i study law im giving you facts.)

1.Work plagiarized-no action taken/not a worthy action taken- a legal threat from the FF writer.

Firstly never do that because you will not be able to go to court with it. Not in any part of the world with the kind of  "stuff" we are writing here.

I wont plagiarize much of Wikipedia , so in easy terms , fan fiction is nothing but an alternate universe  which exist outside the original work's ethics , reach and imagination.
It could be your own and you will owe nothing to the published work but the flesh of the concept of characters will never be yours.

"Fan fiction can be seen as an unauthorized expansion of the media franchises into new directions which reflect the reader's/viewer's desire to "fill in the gaps" they have discovered in the commercially produced material."

"Most instances of plagiarism are handled through copyright law. Since plagiarism implies that a duplicate work was created, thus creating a violation of copyright law, one can use the regular tools of copyright enforcement (IE: Cease and desist letters, DMCA notices, etc.) to bring about an end of the situation.

However, with fan fiction, the author doesn't actually hold the copyright to the work they create, in fact, the work itself is technically a violation of copyright law. Since copyright law grants the copyright holder the exclusive right to create derivative works based on an original one, which is precisely what a fan fiction is, the original copyright holder, whoever owns the rights to the original work(s) owns the fan fiction regardless of who wrote it."[courtesy Wikipedia/Google]


The only cases won are when the material that is being altered is not made in to a story but in a information bulletin or a documentary for educational usage.But here as well the copyright holder will have more rights over your work if found out.

Even then the real original writer/maker can constitute that their right of expression has been violated by the FF writer and the FF writer can be condemned in the court of law for violating her/his Fundamental duty.

You are writer "A" , and have written the fic which is stolen by writer "B" and now both of you will be not two different instances but a team and the case will have both of you as equally guilty.

This is a universal ISBN law and pertains no boundary.


2.When can a FF writer go legal and win the case against writer "B"(FF plagiarizer)?


Firstly if you as the original writer of the fic has not violated the certain loopholes in the pact:

a. You have put a disclaimer  stating that you are not creator of the characters, situations and thoughts and the credit goes to the real creator.

b.You have put a disclaimer  stating that you are not creator of the characters but the situations , thoughts and growth of the characters is yours.

c.You have put a disclaimer  stating that you are not creator of the characters but everything pertaining the work is yours and yours alone.

POINT:Sometimes we use a popular dialogue , scene or situation and when ever you have done that you have put a disclaimer there as well.

That is actually about it because if you are a writer who ranges in disclaimers "b and c"("b" can have certain instances same as published) you can simply say that crediting the published work was your way of letting people know how much you love it because its just the names that are common and nothing else and of course any number of stories can have same named characters.

Here writer "B" will be questioned because she/he stole "your" work in its crude form and now you have the power to file a number of charges against them.
And even on those who have been hosting it.

Neither the published work's owner nor any firm can deny your right on your work thus.
I here by say that all good can be made by a good lawyer too.

3.When am i not a plagiarizer?

Many writers are now genuinely questioning their work , even though it came from their own brain cells because its raining plots and pans.

See originality is subjected to discretion.

Im inspired by Michelangelo but when I visualize something in a given moment , in paint splashes/water marks(a Michelangelo trade) , its my original work but my professor would comment , after my explanation of  how i came about my new painting as-"Oh! a Michelangelo fan , hmm trying to copy  him? i can see it in here.(pointing his wick at my canvas)"
My originality goes "puff" because im tagged as a Michelangelo fan painter!
(yes im an art student too)

You are not a plagiarizer of an original work(book/visual roll)when:

In most easiest sense you have put a disclaimer and credited the original work.


a.Your character even named same is in different and your own made situations.
eg. Khushi does not falls in Arnav's arm from a ramp but a tree , etc. and likely ahead.
Arnav is 40 year old scientist and Khushi is an alien falling in his arms from space.

b.Your character even named same, been in same situations grows ahead of the existing work.These are usually written when we are left wanting more of an episode's end.(Episode Codas) or putting a different aspect to the given situation(Alternate universe).
eg. Arnav breaks Khushi's blouse dori and locks her up, does something beyond , and then lets her go.
He didnt turn up on the re marriage/he turned up but married to avenge his mother.

c.Your character even named same been in same situations grows ahead of the existing work.
This is seemingly what a number of writers have as seasons of closed shows or you age your characters and bring in next generations.

d.Your character even named same been in same situations grows ahead of the existing work but do not exist in the reality of your fic.
eg.You have ended the real characters , all of them but use them as reference.
Arnav/Khushi age and die , your story revolve around a new character who comes to know about these two through a source and the original situations are taken as reference :
I was sitting in the cafe sipping my double layer Greek coffee with no sugar when the bitter take stuck a nerve in my head and the flutter in my heart reminded of the words i heard in the morning about those two : "ye meetha nahi kha sakte ...inhe shakkar ki bimari hai.." .. i smile , maybe that sweetness was enough for him.

e.When your reference is another work , concept is another your character even named same been in same situations , but plot your own.
eg."A walk to remember" [reference] that the girl has leukemia but no one knows except her-the guy doesn't likes her-they fall in love-the truth comes out-she dies- he reforms.
IPKKND [concept] a love story of Arnav Khushi in a hate marriage(the guy doesnt likes her) she has leukemia and tells no one when she comes to know(the girl has leukemia but no one knows accept her)...and the story continues [your plot].



There are many forms of "not being a plagiarizer" but first and foremost never forget to credit the originals even if its a small dialogue.


Also if you do read this till the end please i'd like to add that this is for all those writers who write their own fics and have not plagiarized it from anywhere else , meaning your limitation as a fan fiction writer is of writing the fic on what you are a fan of and have not been a fan of a fic of whose you have seemingly become the writer.
Understood ya? If not then you still cant take me to court!!

Im not opposed to Fan Fictions but it still remains the same that till we are not the owners of something we cant be doers for it.

PS_ over look the grammatical mistakes please ,im not a writer and i just confessed it at the last page , so good i am.

Thank you,
Nabila.

~~~edited~~~~~

I'd like to add that anything  under the heading "When am i not a plagiarizer?" is a moral conduct of the FF writers who are not going commercial with their work.
You are taking ideas from the "original stuff" but your gain is limited to being part of FF community.
Yes it is legally not right but no one has died in being part of this community(or those i know) , so you are causing no immediate harm.

Also the ones who can pull you out will not do so because you are not making money on this and their billions are secured.

But if you go commercial you open the channel of legal basis.

After this what happens is between you and you know who.


Thank you,
Nabila.





Edited by 18shabbo - 14 March 2013 at 8:26am

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Angel-Jot.

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Posted: 13 March 2013 at 7:35pm | IP Logged
^First of all, damn. Look at you. Going all out. HAHA. I actually read that whole post and it was pretty interesting cause I had no idea.. XD

I mean, it's quite obvious that technically, we don't own the work that we post on here since it's a fan fiction but.. i didn't realize that we're taking the work of someone else and using it as a basis of our work. XD

And I.. i really just wanted to tell you i love your sig. But if i had posted just to say that.. i would've been spamming so.. *hides*

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18shabbo

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18shabbo

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Posts: 22219

Posted: 13 March 2013 at 7:53pm | IP Logged
^
Thank you...

Yes well at the end of the day we need to  be practical , as it is parents are paying the net bills , if we add court cases they might disown you in a flash.

I missed out a point but will make that later because im sure some writer is going to question about it.

Also i had a request: can you add "reader" in between "writer writer" because im going to pester a lot of writers being a reader and wanting to have more refined and revived and reformed type of work worth reading.

n you cant use my sig coz I made it for myself exclusively...till i update my shop n make it free for use!:) ,  which seems to be happening after me n my co-owner will wake up to search for it.But if i had posted just to say that.. i would've been spamming so.. *goes to sleep*

-Nabila!




Edited by 18shabbo - 13 March 2013 at 9:11pm

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lazyleaves

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Posted: 13 March 2013 at 8:12pm | IP Logged
@Harjot

Just a suggestion, maybe you could add the links to important posts on Page 1? Or one of us can keep an index. Like Nabila's post on plagiarism is something a lot of people are looking for, so.

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18shabbolazyleaves

Angel-Jot.

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Posted: 13 March 2013 at 9:21pm | IP Logged
18shabbo: Sorry? Where do you want me to edit in reader? And LOL, I didn't ask to use it.. I was just saying it's beautiful..

Aanya: there's already IMP links posted on the first page [second post]. I'll add the link to 18shabbo's post tomorrow.

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18shabbo

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18shabbo

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Joined: 13 January 2011

Posts: 22219

Posted: 13 March 2013 at 9:57pm | IP Logged
Originally posted by Angel-Jot.

18shabbo: Sorry? Where do you want me to edit in reader? And LOL, I didn't ask to use it.. I was just saying it's beautiful..

Aanya: there's already IMP links posted on the first page [second post]. I'll add the link to 18shabbo's post tomorrow.


Jot u kill me by saying that!

oh i just wanted readers to take part here as well nothing else :)


Edited by 18shabbo - 13 March 2013 at 10:59pm

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kautilya04

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Posted: 13 March 2013 at 10:20pm | IP Logged
This is a fabulous idea! :) Hope it inspires more members to come forward and ask for suggestions than...well...look for easier routes Stern Smile 

@ Nabila - Very enlightening post! 

My story is not based on any show, but I've been learning through rather unpleasant experiences that posting anything on the internet is akin to offering it on a plate for others to claim (in part or whole) as their own...

Coming back to this thread, I'd be glad to help but I'm not a very good/creative/smart/prolific writer :/

My particular talent lies in testing the patience of the most saintly readers until they are overwhelmed with the urge to grab at the nearest mortar and pestle and ground me into fine...exceptionally fine powder Day Dreaming LOLLOL

If gaining that expertise sounds appealing, look no further! Thumbs Up But I wont be able to provide tips until late next week Disapprove  See! Now that's what I'm talking about! Annoy and then run away! Approve Oh I have so much wisdom to impart Heart 


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Posted: 13 March 2013 at 10:25pm | IP Logged
Originally posted by kautilya04

This is a fabulous idea! :) Hope it inspires more members to come forward and ask for suggestions than...well...look for easier routes Stern Smile 

@ Nabila - Very enlightening post! 

My story is not based on any show, but I've been learning through rather unpleasant experiences that posting anything on the internet is akin to offering it on a plate for others to claim (in part or whole) as their own...

Coming back to this thread, I'd be glad to help but I'm not a very good/creative/smart/prolific writer :/

My particular talent lies in testing the patience of the most saintly readers until they are overwhelmed with the urge to grab at the nearest mortar and pestle and ground me into fine...exceptionally fine powder Day Dreaming LOLLOL

If gaining that expertise sounds appealing, look no further! Thumbs Up But I wont be able to provide tips until late next week Disapprove  See! Now that's what I'm talking about! Annoy and then run away! Approve Oh I have so much wisdom to impart Heart 



@Bold, says the girl who wrote greatness of 64 chapters! LOL

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