 Short Stories: November 28, 2007 Issue [#2087] |
  Short Stories
This week: Edited by: darkin
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Short stories are fiction's appetizers, short bursts of entertainment for the senses, to be consumed at the time.
My name is Darkin, and I’m your host this week for the Short Story Newsletter.
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Stop, Thief!
Recently I heard from a writer complaining someone stolen their story idea. Not their story, but the basic idea behind it. The writer asked me if they could sue the thief for copyright infringement.
Copyright law protects the ownership of "works of authorship". That means it protects your written poems, stories, etc. What it doesn't protect is the idea that inspired the story.
According to the US Copyright web site: Section 102 of the copyright law, title 17, United States Code, clearly expresses this principle: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.”
Well, this writer asked next, isn't this plagiarism? Again, I had to answer no.
Plagiarism isn't the use of another writer's basic story idea. It is the use of another writer's work as a whole. That means taking a written work that you didn't write, and displaying it as if you had. This can be anything, from a forwarded e-mail to a published piece of work. But it doesn't mean an idea.
Ideas cannot be copyrighted. Were this the case there wouldn't be as many books in the world. Every story can be broken down to a basic idea. You'd be amazed at the number of books and movies that have the same basic story ideas.
Need an example? Here's a very popular story idea. See if you can guess the story.
A man's ex-lover comes back into his life, now with a husband, both needing help to escape a dangerous situation.
Neat story idea, right? The writers of Casablanca would agree. Does this mean that you cannot write a story using this kind of basic story idea?
Of course it doesn't.
What it does mean is you can't write a story with the characters of Rick, Elsa, Sam, and Louie set in harbor town of Casablanca during World War II that involves a bar, transit papers, and two people trying to escape German soldiers.
But you could write a story about Lenny, Pauline, and Eddie set in Los Angeles during the 1950's that involves a heinous crime, proof of innocence and two people dealing with their true feelings while trying to do the right thing.
You might be wondering "If you write that story, does it mean you can be sued by the writers of Casablanca for plagiarism?"
Of course not.
You cannot be sued for using an idea, even an idea you got from reading another writer's work. That is not copyright infringement or plagiarism. That is inspiration.
Every story is written based on an idea. Writers get these ideas from things they see, hear, and read. As long as the words and phrases are original, it's inspiration, not copyright infringement.
For more information about copyright laws in the United States visit http://www.copyright.gov/.
Thank you for taking the time to read. Happy Writing!
darkin
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Here are some items I found while traveling the highways and byways of Writing.Com!
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Have an opinion on what you've read here today? Then send the Editor feedback! Find an item that you think would be perfect for showcasing here? Submit it for consideration in the newsletter!
https://www.Writing.Com/go/nl_form
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Thank you for allowing me to enter your world. If you have any comments, or questions, feel free to drop me a line. I'd love to hear from you!
darkin
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Submitted By: Fish*sWife - I'm Baaaaack! 
Submitted Comment:
This is a fabulous edition of the newsletter! Thank you so much! Ever since I found a particular writing contest (The Writer's Cramp) I have been writing the shortest fiction I have ever written! It gives me hope that I CAN write a good short short story, and possilby enter Writer's Digest's Short Short Fiction Contest. Thank you for this newsletter! It was awesome!
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Submitted By: kiyasama
Submitted Comment:
Excellent tips, Darkin. I once despised writing flash fiction, but thanks to some of the contests you highlighted, they are even more fun than longer pieces.
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Submitted By: billwilcox
Submitted Comment:
Squirrels,
I love to write Flash Fiction, and your 8 Rules are write on. Flash Fiction is a wonderful way to get back into writing after feeling blocked or idle. There is a downside though, and that is that when you begin to write a longer piece, say a novel, you tend to skip or leave out important character developement, descriptive scenes, and links to other plot cliff-hangers. But, as I say, Flash Fiction is a joy to write and should be held up as a genre of its own.
~Bill
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Submitted By: Jay is studying
Submitted Comment:
I've been thinking lately that if you could take a short story or even a novel, and boil it down into flash fiction, you should be able to use that somehow when reaching out to editors and/or agents. It can be a challenge summarizing what your story is about to someone else. This might be an interesting exercise!
Jay
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Submitted By: alicengoreland
Submitted Comment:
However, I know know that one way to test stories before submitting them to publications is to enter contests. Some contest judges will even send a short evaluation of the entries. I enter contests connected with writing conferences and some supported by or listed in writing magazines.
I could not agree more. It is only after something that I have written has placed in a couple of contest that I know that is worth sending out.
Plus I KNOW I have stories that I would have never hav written without contest. A prompt can really be a gift.
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