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Elmurmurings, issue 3, August 1944
Page 6
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Question Department This lengthy ramble, asking a question whose answer I really would like to know, has its genesis in an item edited out of this issue of Elmurmurings--the department of amazing resemblances, which plotted Cobb's FAITH, HOPE & CHARITY beside Bester's VOYAGE TO NOWHERE. (The thing was blue-pencilled, by the way, because I later found Bester's account in Story behind the story, saying the plot was taken from that story by Cobb.) What I want to know is: where does coincidence stop and plagiarism begin? Can one author pirate the creatures of another without recourse on the part of the pirate, as when someone killed Taurasi's characters Bob and Koso? And in law, is plagiarism a crime per se, or is copyright violation the only crime that is recognizes? Lordy, such a lot of questions! And now, the matter of the auctorial rights to a plot. Just because I write, publish, and copyright a love story, in which girl chooses between rich old goat and handsome young jitterbug--the copyright naturally can't give me the right to exclusive use of that stock situation. But a thought-variant, with detailed plotting. Are both word-use and plot defended in law? But then the thought-variant is such just when used. Draw a comparison between Corbett's BEYOND INFINITY and Cross's THE DEVOURING TIDE. (One may note here in parentheses that both seem to be pseudonyms of the same author.) The first print in 1936; the second in 1944. I would guess that only the actual copying of words is taboo; that a decimal classification identical to ten places calls for nothing but raised eyebrows. Now consider another question for me, please. I believe that a copyright violation is a civil matter--not a criminal. It would appear from that that an author could plagiarize himself ad infinitum--unless the power to sue is vested in the publisher instead of the writer. Formula plots sicken. An idea should be permitted to die when its welcome is dead. Two who are ready for the shroud: a Cummings battle of the virgins; a Palmer alliterative name for a slapstick protagonist. And I wonder whether the author retains any proprietary rights in his cremation after publication thereof. Does a sale to a magazine transfer title, or is sale to be considered as the granting of a license good for one printing only? (One wonders, by the way, how many knew that Mr. Wollheim's THE HATERS was reprinted by the publishers....)
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Question Department This lengthy ramble, asking a question whose answer I really would like to know, has its genesis in an item edited out of this issue of Elmurmurings--the department of amazing resemblances, which plotted Cobb's FAITH, HOPE & CHARITY beside Bester's VOYAGE TO NOWHERE. (The thing was blue-pencilled, by the way, because I later found Bester's account in Story behind the story, saying the plot was taken from that story by Cobb.) What I want to know is: where does coincidence stop and plagiarism begin? Can one author pirate the creatures of another without recourse on the part of the pirate, as when someone killed Taurasi's characters Bob and Koso? And in law, is plagiarism a crime per se, or is copyright violation the only crime that is recognizes? Lordy, such a lot of questions! And now, the matter of the auctorial rights to a plot. Just because I write, publish, and copyright a love story, in which girl chooses between rich old goat and handsome young jitterbug--the copyright naturally can't give me the right to exclusive use of that stock situation. But a thought-variant, with detailed plotting. Are both word-use and plot defended in law? But then the thought-variant is such just when used. Draw a comparison between Corbett's BEYOND INFINITY and Cross's THE DEVOURING TIDE. (One may note here in parentheses that both seem to be pseudonyms of the same author.) The first print in 1936; the second in 1944. I would guess that only the actual copying of words is taboo; that a decimal classification identical to ten places calls for nothing but raised eyebrows. Now consider another question for me, please. I believe that a copyright violation is a civil matter--not a criminal. It would appear from that that an author could plagiarize himself ad infinitum--unless the power to sue is vested in the publisher instead of the writer. Formula plots sicken. An idea should be permitted to die when its welcome is dead. Two who are ready for the shroud: a Cummings battle of the virgins; a Palmer alliterative name for a slapstick protagonist. And I wonder whether the author retains any proprietary rights in his cremation after publication thereof. Does a sale to a magazine transfer title, or is sale to be considered as the granting of a license good for one printing only? (One wonders, by the way, how many knew that Mr. Wollheim's THE HATERS was reprinted by the publishers....)
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