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Q&A On copyright laws and plots

CAVEAT: I am not a lawyer. At the level you're describing, yes, this is copyright infringement. Basically, if it's easy to demonstrate that your work is "substantially similar" to another pi...

posted 12y ago by Standback‭  ·  last activity 4y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-12T20:05:58Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/3932
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 · 2019-12-08T01:55:50Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/3932
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T01:55:50Z (over 4 years ago)
> **CAVEAT:** I am not a lawyer.

At the level you're describing, yes, this is copyright infringement.

Basically, if it's easy to demonstrate that your work is "substantially similar" to another piece, to which you had access, then infringement can be proved. Working with similar themes, plot elements, and tropes generally doesn't constitute such extreme similarity, but if you're talking about rewriting a piece at a paragraph-by-paragraph level, merely re-wording without changing content or theme, then that's an easy case against you.

Note that there are plenty of retellings which don't constitute infringement - but they need to add or change something substantial. _West Side Story_ 'wouldn't infringe on _Romeo and Juliet_ (even if that illustrious work weren't long out of copyright) because it's a retelling in an entirely different era and setting, and these elements change the story. _Barry Trotter and the Shameless Parody_ doesn't infringe on _Harry Potter_ because it's a parody. _Wicked_ doesn't infringe on _Wizard of Oz_ because it retells the story from a vastly different POV, and is a riff on the Oz mythos. Also, "substantial similarity" can be vague and tough to prove, so even fairly blatant rip-offs can avoid infringement.

But a simple line-by-line rewriting - the same elements, characters and events in the same configuration - would be shot down pretty easily.

#1: Imported from external source by user avatar System‭ · 2011-09-13T12:29:43Z (over 12 years ago)
Original score: 7