Quick update ... The song I want to use is owned by different companies that look after different %ages of the song and cover different territories over the world. The main holder (the company who own 85%) have asked me loads of questions (including wanting a copy of the section from the book where the lyrics will be used) and are now discussing my request with a few other rights holders which I think, also includes the artist. They also gave me a contact for a company who own a small percentage of the rights for North America/Canada. The rights holders (who hold the rights for North America/Canada) asked me similar questions and came back with an offer which is as follows: I pay them $100 and I get permission to use the lyrics in 10,000 copies comprising of any amount of ebooks and paperbacks so long as the total sales do not exceed 10,000 units. There is no time limit on these sales. If and when sales are nearing the 10,000 mark, I simply re-apply to extend the permission. I am still waiting for the main rights holder to come back with their offer, I can't see one saying yes and another saying no but I have asked the first one if I can delay payment until I have the quote from the other company for rights to sales in the rest of the world. They have said yes, so I'm back to waiting ... But - looking promising!
My argument here is color. Imagine a painter. We don't expect him to invent new colors to paint. We also don't accuse him of stealing if he paints the night sky. No one goes "he used red! I used red first!" We writers paint with words and themes. It is not up to use to invent new ones. It is up to us to arrange them in an order that derives hopefully a unique effect in someone. Heck too while on topic. Movies get remakes which is exactly coping but a new cast can make it feel different. Which to me is the point of creativity in art to be able to use something someone else has and yet make it your own.
If there is a paragraph in your book that expresses your thoughts exactly how you want them to be expressed, then what does it matter that someone else once wrote a similar paragraph? Why should anything determine how you express your thoughts other than how effective that expression is?
This quote from the letter is essentially my thoughts on plagiarism. I challenge someone to find me a story that is completely original. I would agree a work is plagiarised when there are so many similarities in terms of character names and appearances, plot progression, characters actions and dialogue that it borders on ridiculous. If I wrote a story about a boy who becomes a wizard and is destined to destroy a dark lord that has tortured the community for decades, then I would say it is NOT a plagiarism of Harry Potter. However if my main character was called Harry or Harold, and he had a ginger friend who was scared of spiders, and another very smart female friend with bushy hair, and they all went to a magical school with an old, wise headmaster with a big long white beard then I would say THAT is plagiarism.
You need to distinguish between degrees of unoriginality, I think. Something may not be plagiarism, but still be derivative and unoriginal.
BayView, that's basically what I was trying to say so I agree. My first example was not original but certainly not plagiarism.
More a pastiche I'd say @Rhys. Unless it's a send up of said original material. I was putting something together recently, the MC was content in his drunkenness, I thought 'comfortably numb' what a great pairing of words. Nearly used it/them, but good ol google loads of nagging moments later confirmed my suspicion; it was a subconscious plant grown from some lyrics I'd heard as a youngster. I changed it. I'm über wary nowadays of treading on others' toes and even in the belief I have an idea that begs to have my flag stuck in it, if it feels remotely obvious, I still check.
And sometimes it's just evocative or (as the thread title indicates/questions) inspirational. One of my WIP's was inspired by the dinner-at-Brideshead scene from Brideshead Revisited. And there is indeed a dinner scene in my WIP. But that's it. It was just a seed from which the rest of the story grew, and the rest of the story couldn't be less like Waugh's work in plot, tone, feel, character, etc. So, yes, there are degrees to be considered.
One example of borderline plagiarism that comes to mind is Eragon from Paolini's Inheritance Cycle. I'll admit its a guilty pleasure of mine. I really don't think its as terrible as some people make it out to be, but it seems to not only lift inspiration from numerous sources, but also copies the plot of Star Wars to certain extents. Sporkings have dissected this work to its very bones and have found even paragraphs identical to those in other works. Obviously this series has still managed to be passed off as a tribute of sorts, but it came at the cost of sucking away some of its originality and has earned itself a relatively big hatebase. I think one should use inspiration lightly and subtly. Strive not to rely heavily on inspiration, or else it could evolve into either borderline plagiarism or all out plagiarism.
You guys have become my Google, apparently. Sorry. I got the answer with a quick search on the interwebz.
Sadly, I don't think that you can copyright a title even after writing and publishing it. One would think that you could trademark once it's actually in use, but the number of identical titles that I see suggests that I'm wrong about that thought.
Yeah you can't copyright a title. You could build up trademark rights, or file a federal trademark registration and try to protect it that way.
I suppose that's an option, but I don't think it's all that serious, since I can still use it, even if someone else uses it in the interim. I have no idea when I'll actually have it completed, so seems kinda pointless since I could lose the trademark within a certain timeframe of stagnancy, anyway. Lol. I just bought the domain, so that's good enough for now. Maybe I'll look into the trademark option later down the line.
You bought an entire domain? Money must be good. Seriously, when you're ready. Share it... Also, if you you need any 'web' help, let me know in a PM.
Yep, pulled out some geek humor.. Domain vs. Domain name...But seriously, if you need any help launching, let me know -- I'm a master at .php, photoshop (.psd), html5, and a few others I rather not mention because it ages me (vba being one of them ). This is my latest: promoteit.social
The most beautiful code I've written has been in VBA: Public Function Audit_Trail() On Error GoTo Err_Audit_Trail 'ACC -- Use this code to Create an Audit Trail of Record Changes in a Form...General Public License_free for all. Dim Myform As Form Dim ctl As Control Dim sUser As String sUser = CurrentUser Set Myform = Screen.ActiveForm ' sUser = "User: " & UsersID 'You need to identify your users if you are not using Access security with workgroups. 'If new record, record it in audit trail and exit function. <-- In and out, quick. If Myform.NewRecord = True Then Myform!AuditTrail = Myform!tbAuditTrail & "New Record added on " & Now & " by " & sUser & ";" Exit Function End If 'Set date and current user if the form (current record) has been modified. Myform!AuditTrail = Myform!tbAuditTrail & vbCrLf & vbLf & "Changes made on " & Now & " by " & sUser & ";" 'Check each data entry control for change and record old value of the control. <- This is the capture - Old vs New. For Each ctl In Myform.Controls 'Only check data entry type controls. Select Case ctl.ControlType Case acTextBox, acComboBox, acListBox, acOptionGroup, acCheckBox If ctl.NAME = "tbAuditTrail" Then GoTo TryNextControl 'Skip AuditTrail field. 'If new and old value do not equal If ctl.Value <> ctl.OldValue Then Myform!AuditTrail = Myform!tbAuditTrail & vbCrLf & ctl.NAME & ": Changed From: " & ctl.OldValue & ", To: " & ctl.Value 'If old value is Null and new value is not Null ElseIf IsNull(ctl.OldValue) And Len(ctl.Value) > 0 Or ctl.OldValue = "" And Len(ctl.Value) > 0 Then Myform!AuditTrail = Myform!tbAuditTrail & vbCrLf & ctl.NAME & ": Was Previoulsy Null, New Value: " & ctl.Value 'If new value is Null and old value is not Null ElseIf IsNull(ctl.Value) And Len(ctl.OldValue) > 0 Or ctl.Value = "" And Len(ctl.OldValue) > 0 Then Myform!AuditTrail = Myform!tbAuditTrail & vbCrLf & ctl.NAME & ": Changed From: " & ctl.OldValue & ", To: Null" End If End Select TryNextControl: Next ctl Exit_Audit_Trail: Exit Function Err_Audit_Trail: If Err.Number = 64535 Then 'Operation is not supported for this type of object. Exit Function ElseIf Err.Number = 2475 Then 'You entered an expression that requires a form to be the active window Beep MsgBox "A form is required to be the active window!", vbCritical, "Invalid Active Window" Else Beep MsgBox Err.Number & " - " & Err.Description End If Resume Exit_Audit_Trail End Function --- It was a thing of beauty, used by many programmers after me...
Hola! So my current WIP is called Exaltation. This has been the title of it for years upon years. The story has changed dramatically since I first named it, but the title remained the same. And now, it no longer fits the book. So I wanted to change it, preferably to "Desolate," but the title has already been used before. Is it common practice to avoid titles that have already been used? Should I come up with a different name? Love to hear your opinions. Thanks!
