UsingHistoricalFactsWithoutCrossingtheLineintoPlagiarism

by SB Sarah Friday, April 18, 2008 at 01:29 PM

Jennifer Blake, Roberta Gellis, and Bertrice Small led a session that, unlike many of the fan-friendly sessions, was silent, with notetaking, serious faces, and a great deal of attention. Their session, in a word, was outstanding. My notes are below, which don’t really follow a well-transitioned structure (or any structure for that matter) but let me tell you – these ladies rocked this session like damn and whoa.

Roberta Gellis provided a point by point explanation of copyright law in the US. A few facts to chew over:

Until 1978 individual states determined their own copyright law, and since then copyright has been under federal jurisdiction.
Ideas cannot be copyright – only the way you express the idea.
Copyright provides the right to do and to authorize others to do the following: Reproduce copies, prepare derivative works – e.g. you can authorize Fanfic if you choose - distribute copies by sale, etc.

Roberta Gellis then led a discussion about how to use research material: “I’ve never copied anything from any research book of mine because they’re so deadly dull!”

More,more,more!>

Comments

Picture of Natalie Natalie said on...
04.18.08 at 02:42 PM |

It was a fantastic session.  I assume you were the woman on the floor with the cute little computer?

Picture of SonomaLass said on...
04.18.08 at 02:59 PM |

I’m really glad to hear about anyone in the industry addressing these concerns.  It’s wonderful of these authors to share their talent and insight.  Your blog entries really show the range of this convention, from the tacky to the very classy.  Love it!

Picture of R. R. said on...
04.18.08 at 04:34 PM |

“Imitation is the sincerest form of flattery,”

...

Irony, irony, irony.

Flattery is not a good thing.

Picture of Treva Harte Treva Harte said on...
04.18.08 at 05:18 PM |

And since I rarely have a fan girl moment over anyone, may I say that I loved and adored Roberta Gellis when she first came on the scene (I’m really that old, dang it, although I was fairly young at the time) and I love and adore her now.  And the other ladies were pretty damn fine, too.

Picture of egoscribo said on...
04.18.08 at 07:25 PM |

I’m startled by Roberta Gellis’s reported assertion that United States national-level copyright dates to 1978. Uh no.

Copyright was part of the first 1787 Constitution; when the Constitution was adopted, the various States’ individual copyright laws were superseded. Copyright laws were subsequently amended and modified in the United States, but not by individual States.

The 1976 Act is relevant to you if you want to claim that something published between 1978 and 1989 is in the public domain: it stipulated that works published from 1978 be registered and bear a copyright notice to have copyright protection.

In 1989 the United States (at long last) signed the Berne Convention, which is an international copyright agreement other nations had been parties to since 1887. It supersedes previous copyright laws, including the Act of 1976 (this may be the reason for confusion). The most important thing you need to know about the Berne Convention is that it gives creators of specified types of works copyright protection without them having to file anything, register anywhere, or deposit a copy in some office.

There is so much misinformation in all fandoms about copyright. I wish people who want to make an issue over it would sit down and read actual factual publications (like those available from the Copyright Office)!

Picture of DianeH said on...
04.18.08 at 07:52 PM |

And on the P topic, Cassie E. and Signet are going their separate ways.... according to a news article by HILLEL ITALIE, AP National Writer.

Picture of DianeH said on...
04.18.08 at 07:54 PM |

Oh, yeah, and the article mentions SMTBs!

Picture of stephanie feagan stephanie feagan said on...
04.18.08 at 08:27 PM |

AT RWA in July, La Nora will be speaking to the issues of plagiarism and copyright infringement, sitting on a panel with Dr. John Barrie, from iThenticate.

There’s also an article in the current issue of Romance Writers Report - a Q&A;with Rebecca Tushnet, a law professor at Georgetown who lectures on intellectual property law.

Education is the answer.

Diane, we need a link - my curiosity is killing me!

Picture of Denni said on...
04.18.08 at 08:36 PM |

Sounds wonderful...and to those who consider writing romance a cute hobby...very professional.

Not to date myself, but Roberta Gellis is one of the reasons I love romantic fiction.

DIANE H...A linky please?

Sarah...were you the woman with the cute little computer?

My security word “toward61”...no, no, it’s a looooong way off, really.

Picture of MelanieM said on...
04.18.08 at 08:40 PM |

I tracked the link down after seeing Diane’s note above.

Signet and Cassie Edwards part ways

Picture of Tina C. said on...
04.18.08 at 08:41 PM |

I found the article using Google.  Here it is.

Picture of Tina C. said on...
04.18.08 at 08:42 PM |

Oops--sorry, looks like MelanieM had the same idea that I did at nearly the same time.  Sorry for the repeat.

Picture of DS DS said on...
04.19.08 at 02:19 AM |

Good for Signet.  I’m glad one publisher has done the right thing about this issue.  Now I wonder who will pick her up?

Picture of Robin said on...
04.19.08 at 08:37 AM |

The most important thing you need to know about the Berne Convention is that it gives creators of specified types of works copyright protection without them having to file anything, register anywhere, or deposit a copy in some office.

However, you still have to register your copyright if you want to sue for infringement.

It sounds like these three authors should do a video; I’d think that just the demonstration on how to handle research material would be worth it’s weight in publishing contracts.

Or RT could, with their permission, create a written transcript of the session and make it publicly available . . . assuming it wouldn’t be plagiarized, of course. ;)

Picture of Denni said on...
04.19.08 at 10:53 AM |

Robin...video is a great idea.  Does RT tape those sessions?  Sounds like a great resource for authors...or my high school students.

Picture of Sherb said on...
04.19.08 at 05:11 PM |

“Imitation is the sincerest form of flattery,”

This is actually an insult.  Per Webster’s Unabridged, flattery is defined as, “excessive, untrue, or insincere praise; blandishment.” Sincere or not, no wonder Ms. Small wanted to scream at the other author.

Picture of SB Sarah said on...
04.19.08 at 05:56 PM |

Sarah...were you the woman with the cute little computer?

Yup, I was the woman up front on the floor with the teeny tiny computer. The battery was nearly dead and I had to plug in to take notes.

Picture of talpianna talpianna said on...
04.19.08 at 07:06 PM |

Just wanted to let you know that I did quite well in the First Annual “Write Like Cassie Edwards” contest over on the Evil Editor blog.  Me and my writing partner Wikipedia, that is…

Picture of haiming webhosting reviews haiming webhosting reviews said on...
04.30.08 at 08:29 PM |

Oh, yeah, and the article mentions SMTBs!
Haha!

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