pla•gia•rism

   

1. An act or instance of using or closely imitating the language and thoughts of another author without authorization and the representation of that author's work as one's own, as by not crediting the original author: It is said that he plagiarized Thoreau's plagiarism of a line written by Montaigne. Synonyms: appropriation, infringement, piracy, counterfeiting; theft, borrowing, cribbing, passing off.

2. A piece of writing or other work reflecting such unauthorized use or imitation: “These two manuscripts are clearly plagiarisms,” the editor said, tossing them angrily on the floor.



cop•y•right



1. The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same



So, there you go. The simple, textbook definitions of plagiarism and copyrights. Put even simpler, though, a copyright is what gives authors the legal protection to control the manner in which their work is distributed, reproduced, and displayed, as well as ensure that they are being paid for, or otherwise compensated, for their ideas. It makes sure that no one else can use their work/words/ideas without expressed, explicit permission.



Now, in order to avoid this issue myself, take a look at this quote:

JonathanBailey,PlagiarismToday wrote:
According to copyright law, copyright holders have the sole right to distribute derivative works based on an original creation. This includes sequels and any other work that includes copyrightable elements from the original creation.



….



That being said, fair use may protect some fan creations from being an infringement, but that is handled on a case-by-case basis, looking at the facts of the actual work. However, most fan creations, by their very nature, don’t parody or criticize the source material, which would provide a great deal of protection, nor are they highly transformative, meaning that they are less likely to win in the even that such a suit takes place.



It is also worth noting that fan fiction and fan art can be a trademark violation as well, especially if it uses names and titles in a way that causes confusion as to whether they are official. Trademark disputes over fan creations are rare, but still possible.

Here is the full article that Bailey wrote on the issue: http://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/



I recommend reading that, it has some very handy information.



However, simply putting a disclaimer or link at the end of the work, or giving credit in some way, isn’t enough. Take this for example:

How would you feel if your boss said, "Here, I'm not paying you for your work, but when we ship this product, I'll be sure to put your name on it!" Similarly, if you make a free download of Star Wars available on your website, it won't make it legal if you add "by George Lucas" below the download link.

The best way to avoid any copyright or trademark violations is, simply, to get permission to use their source material. Posting on Amplitude’s forums should be okay. However, to post anywhere else (say, for example, your blog), ask for permission. If they grant it, you’re set. If not, respect their wishes and keep your work contained to the forums. Otherwise nothing but trouble, headaches, and those things called lawyers will happen.



But for those that are reading this and still want to write fan fiction, or create fan art, there are some guidelines to follow. These guidelines are subject to the whims and wishes of the developers at Amplitude Studios, considering it is their game (thus their intellectual property/trademark) we’re working with.





Rules:



FOLLOW the RULES



Follow the rules set forth by the devs and moderators here on the Amplitude forums. Anything posted, creative work or not, should still abide by them.

For those of your unsure what these are, here is a handy-dandy link for your convenience: https://www.games2gether.com/games2gether/forum/84-general/thread/19432-forum-rules-please-read-before-posting



Keep it PG-16



Meaning: violence, okay to a degree, sex, may be IMPLIED but MUST FADE TO BLACK. Keep this in mind. If you think your story (in-context or otherwise, this rule seriously applies like everywhere) may become graphic to that extent, please mark your thread with a warning before continuing. We don't want to know about your intimate sessions your characters, nor your envisioning of the next [insertextremelyviolentsituationhere]? Keep a degree of discipline when posting, talking to people, or doing anything in the site.



We realize that this sort of thing is natural (except for the violence, but if you've ever played a fantasy video game, still natural), and in many circumstances can be amazingly artistic (pr0n is not art IS SO), but nonetheless, we're rather family-friendly here.



Be Respectful



If someone posts up a story or a piece of art, they obviously want people to read or see it. Don't take this as an excuse to attack them or their work. Constructive criticism should always be welcome (especially when accompanied by a bit of praise for what they did well), but stay polite and helpful with your comments. For example:



"You might want to consider proof-reading a bit more, or getting a friend or someone to look over the work for you to catch these simple gramma/spelling mistakes." -- Is fine.

"Your writing is horrible! Where did you learn to spell? In a cave? Sheesh, how'd you even get out of school writing like that?" -- IS NOT OKAY



Helpful Links



For those of you that want to be as well-informed as possible, here are some helpful things to read in terms of copyright, plagiarism, and law:



http://www.squidoo.com/copyright-fair-use-and-fanfiction -- Copyright, Fair Use, and Fanfiction

http://www.plagiarismtoday.com/2006/01/18/fan-fiction-plagiarism/ -- Fan Fiction Plagairism

http://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/ -- The Messy World of Fan Art and Copyright



And for those who truly hate themselves:



http://www.copyright.gov/title17/ -- United States Copyright Law

http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006069414&dateTexte=20110915 -- French Copyright Law (In French)

http://www.wipo.int/copyright/en/ -- WIPO – Copyrights and Related Rights





NOTE: Anything and everything written within is subject to change at any time by the developers or moderators. It is not our right to be able to create fan fiction/art with their intellectual property. It is a privilege granted by them, and may be revoked at any time, should we (the community) abuse it or them.

I hereby acknowledge these rules and will adhere by them. If anything I write is rated higher than PG-16 it will instead be posted on my blog with a thread stating so by link and disclaimer.

Hey FinalStrigon,



That's an excellent summary of the problems and questions -- thank you very much for taking the time to put this together and post it.



If anyone has specific questions about what to do or not do you can ask, but I think these guidelines cover pretty much everything.