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Q&A Can a plagiarist sue one who plagiarized them?

I am not a lawyer. This is based on my understanding of U.S. copyright laws. Any part of B's story which is unique to B is, I believe, the property of B. So if B is writing an X-Files fanfic about...

posted 10y ago by Lauren Ipsum‭  ·  last activity 5y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-13T12:00:23Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/12230
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T03:35:32Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/12230
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T03:35:32Z (about 5 years ago)
_I am not a lawyer. This is based on my understanding of U.S. copyright laws._

Any part of B's story which is unique to B is, I believe, the property of B. So if B is writing an _X-Files_ fanfic about Mulder, Scully, and an original character who is a female agent for the Canadian Security Intelligence Service, and C writes a parody-bordering-on-plagiarism about Mulder, Scully, and Jack St. Georgina, then B probably has legs to go after C if the story, "Wyverns of the Heart," significantly lifts text from B's work.

If C's story is merely parody, then it falls under the same Fair Use rules as any other parody.

I believe that since the original character is an invention of B, B actually does have the copyright to that character, and B does have the copyright to the original story, plot, and text. So there might be grounds for a plagiarism claim.

Since B's work is "transformative" of A's copyrighted work, I think B would be hard-pressed to find a lawyer willing to take the case on. But the possibility exists.

You are _probably_ right in that you can't be sued. However, I do wonder why you're expending so much energy trolling these people.

#1: Imported from external source by user avatar System‭ · 2014-06-19T18:04:44Z (over 10 years ago)
Original score: 3