When does it become plagiarism?

[Eroticalover1968]

I've been thinking of writing a May/December theme story where a mature single lady who lives alone by the river in a rural area meets a young man who has had engine trouble with his snowmobile. Trouble is, the scenario is something I read a long time ago. I can't find the story anymore and can only remember one detail within the story...something about his the cold from his snowsuit giving her sexual feelings. No hardcore sex happened, it was more about sexual tension. To sum up, should I go ahead with this one? Any constructive advice appreciated, thanks, Joe.

 

[PennLady]

This doesn't particularly sound like plagiarism to me. Lots of stories on certain themes share details and characteristics. However, you could change a couple of details to be a little more certain. Perhaps he can be on a boat instead of a snowmobile, for example.

One detail, to me, doesn't make plagiarism.

It also seems to me that the possibility of that author from years ago finding your story on this site and challenging you on it is pretty slim.

 

[LWulf]

My suggestion would be, if you never mentioned it and thought you could get away with it by making it different enough to sound original, then based on that, I'd say if you want to then do it.

However you just red flagged yourself and if the original author found this thread, looked at your story and said "That's my story!" then you could be open to a world of trouble.

Personally, I'd say never do it. Then again I'm one of those odd types that hates looking over my shoulder all the time and hate having a guillotine hanging precariously over my neck knowing one day it 'might' fall.

 

[sr71plt]

Plagiarism is the repeating of lengthy phrases already written by another. Ideas--ergo scenarios--can't be either copyrighted or plagiarized.

 

[Bramblethorn]

I think if you included a short note explaining that the basic scenario came from another story but you can't remember its name, that should be fine. Who knows, maybe one of the readers will be able to ID the original?

 

[sr71plt]

Again, you can't own a scenario. You don't have to ask either forgiveness or permission to use it. If you make it identical to one already existing, you'll probably get the raspberries for not putting any effort of your own into creating a story, though. And, indeed, why bother if you're going to copy it totally?

 

[LWulf]

George Lucas was successfully sued for star wars being too close to a chinese kung fu picture.
Seriously? All kung fu movies are virtually identical.

Different medium, but same premise.

Huey Lewis sued Ray Parker, Jr. for Ghostbusters song.
I never heard one similarity.

Different medium, but same premise.

It doesn't come down to how much something is similar, but how much someone wants to pay to prove your copied their work, especially after you admit that you want to plagiarize another work.

BTW, admitting to a crime in a forum is the same as a confession in a police station, in court.

 

[Eroticalover1968]

Thanks all, for the fast replies. I think I'll pass on writing this one. In my opinion, if I felt uneasy about it, needing to question it in the first place, I should leave it be. True, I doubt the author of the original would find my story, but still, I like to feel right about writing.

 

[PennLady]

That's okay, but I think it's a shame. Whatever you write, since you can only remember that bit, would be your own take on an idea.

For similar ideas -- do you have any idea how many stories about alpha male werewolves who own clubs and find their mates are on this site? If you couldn't take an idea and make it your own, this site would have about five stories on it.

 

[AMoveableBeast]

Too. Many.

That's okay, but I think it's a shame. Whatever you write, since you can only remember that bit, would be your own take on an idea.

For similar ideas -- do you have any idea how many stories about alpha male werewolves who own clubs and find their mates are on this site? If you couldn't take an idea and make it your own, this site would have about five stories on it.

 

[_Apocalypse_]

I think there's a website in which you can check...

 

[Eroticalover1968]

Thanks, I'll think about it. I haven't read any werewolf stories yet. That stranded snowmobile story has haunted me for years. By the time I got near the middle of it, my hands were shaking. It was something about the age difference, but more about her internal dialogue as she became increasingly aroused, conflicting with her strict morals. Likely, my version won't blow anyone's hair back, like the original did for me. Maybe I would be paying it a sincere compliment by trying to get close. It could go into the to the romance category, I suppose, provided they don't get too involved, too fast. I have to reread the category guidelines.

 

[Handley_Page]

I think if you included a short note explaining that the basic scenario came from another story but you can't remember its name, that should be fine. Who knows, maybe one of the readers will be able to ID the original?

I agree

 

[Hypoxia]

As mentioned, scenarios / ideas / plot bunnies can't be copyrighted and thus infringed. Specific names can be trademarked. And plagiarism is copying words. If you read a story and write your own version of it, ALL IN YOUR OWN WORDS, that's not plagiarism. Shakespeare stole plot lines from all over. The rendering of the story makes all the difference. Of course, someone with deep pockets could sue your ass off, not to win, just to break you. So don't write Donald Duck stories.

"Plagiarize
Let no one else's work evade your eyes
Remember why the good lord made your eyes
And plagiarize, plagiarize, plagiarize
(But be certain always to call it: research)"
--T.Lehrer​

 

[Stella_Omega]

Go ahead and write it. How many books are based on Robin Hood, Bible stories, Shakespear's plays-- all of which were taken from other sources in the first place?
Fifty Shades of Grey was originally written as Twilight fan fiction. Thousands of laconic spies have derring-do-ed around, surrounded with beautiful women, who mostly wind up dead, just like james Bond.
I've read a dozen stories about fucking in the snow, and more than one had some sort of may-december joke in a paragraph somewhere.

Don't even worry about it.

 

[sr71plt]

I might add that when you start adding defensive disclaimers you are putting up a neon sign saying "Hey, look here to see what I did that I probably shouldn't have done."

 

[Eroticalover1968]

I've been on the fence about this one for some time now. I try not to be a copy cat. Just today, I changed a pending story title so it didn't copy from a podcast. Now the title reads "Poor Will" instead of "Poor Will's Almanac. Maybe it wouldn't have mattered. Also today I read a haunted house story where a headboard banging the wall sends dust to land in a woman's hair...same as my story uploaded yesterday. I informed the author.

 

[sr71plt]

Story/book titles most definitely cannot be copyrighted. They are repeated left and right.

 

[slyc_willie]

If writers worried that they might get sued because they used someone else's basic idea, then there are tons of fan fiction stories that never would have been written.

 

[jomar]

I am four square in the just write it already camp.

ETa: Seriously, nice of you but you are way overthinking this. Let it flow...

 

[PennLady]

I've been on the fence about this one for some time now. I try not to be a copy cat. Just today, I changed a pending story title so it didn't copy from a podcast. Now the title reads "Poor Will" instead of "Poor Will's Almanac. Maybe it wouldn't have mattered. Also today I read a haunted house story where a headboard banging the wall sends dust to land in a woman's hair...same as my story uploaded yesterday. I informed the author.

I think you're overthinking this. Just because someone includes a detail in a similar story doesn't mean they copied you.

In fact if your story was uploaded (do you mean submitted or posted?) yesterday, and you read one today, they couldn't possibly have read your story and copied. Unless you mean you just wanted to let them know so they didn't think you copied.

There are hundreds of thousands of stories on this site. At some point, yours will share things with others. It happens.

 

[Stella_Omega]

I've been on the fence about this one for some time now. I try not to be a copy cat. Just today, I changed a pending story title so it didn't copy from a podcast. Now the title reads "Poor Will" instead of "Poor Will's Almanac. Maybe it wouldn't have mattered. Also today I read a haunted house story where a headboard banging the wall sends dust to land in a woman's hair...same as my story uploaded yesterday. I informed the author.

Dude, I've had dust land on my head from a banging headboard.

Are you seriously telling me that I can't write that experience into a story now because you wrote it yesterday???

If I point out the same passage in a book from 1968, what are you going to do, delete your line?

I'm gonna complain if anyone writes a lesbian tentacle story, lemme tell you.

Or maybe I'll just take a crap in my hand-- more productive.

 

[soflabbwlvr]

George Lucas was successfully sued for star wars being too close to a chinese kung fu picture.

I can't find any evidence of this anywhere. Do you have a source?

All I kind find are lawsuits initiated by George Lucas.

 

[Stella_Omega]

Someone sued JKRowling for the use of the word "muggle," and because her little kiddie picture book was about something or other that was magic and the muggles didn't know it. Or something like that-- anyway, the case didn't go in their favor.

 

[Eroticalover1968]

Dude, I've had dust land on my head from a banging headboard.

Are you seriously telling me that I can't write that experience into a story now because you wrote it yesterday???

If I point out the same passage in a book from 1968, what are you going to do, delete your line?

I'm gonna complain if anyone writes a lesbian tentacle story, lemme tell you.

Or maybe I'll just take a crap in my hand-- more productive.

Lol, I wouldn't go that far. I mentioned it to him because of it being the same idea in the same genre only a few days apart. I didn't want him to think I copied it, thats all.