Re: plagiarism

[Leslie Bialler lb136@xxxxxxxx]

Hmm and hmm . . . if the words were the same, you could almost imagine that it was
the same author writing under a different name. But since apparently the "plot,
character, and action" were plagiarized, and not the words, this is hardly likely to
be the case.

There is something called the doctrine of "substantial similarity" involved in theft
of intellectual property. It means pretty much what it says--if there is substantial
similarity between two works, plagiarism can be ruled in. Of course, as with fair
use, what is substantial and what isn't is subject to debate. There is the infamous
case of George Harrison being sued for copyright infringement, and successfully,
because the melody of "My Sweet Lord" is substantially similar to another tune,
which I forget. The judge ruled that while it was clear Harrison was not familiar
with the previous work, he had nevertheless infringed.

And George, if you do reply to Michael off list, include me in please? My e-mail
address is in my sig. Thanks.



Michael Edwards wrote:

> [George Scithers:]
>
> >Now and then, an author will do this in the science fiction & fantasy
> >genre, and sometimes succeeds in selling the work to a respectable
> >publisher. Of course, since all the editors in the field know each other,
> >this puts a quick end to that author's career.
>
>   I came across an interesting case of this years ago. (One author died in
> 1983 and I suspect the other is probably dead too, so I'm probably not about to
> destroy any careers in saying this.) . . . .

--
Leslie Bialler, Columbia University Press
lb136@xxxxxxxx
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