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#please note: the blogger is not a copyright lawyer
I want to write an original story with a similar basic premise to Animorphs (kids use alien technology to fight a secret guerrilla war against other invading alien species and are subsequently severely traumatized), but I'm not sure how clearly distinct from Animorphs I need to make it to be legally okay. The plot's pretty different asides from that and none of the characters are really similar, but I'm not sure if it's still too close. Any advice?
Yes!  All advice comes with the whopping caveat that I’ve never published a novel myself, but I can make recommendations.
Step 1: Write the dang thing!
I feel like we writers worry too much, too often, and especially too early about copyright issues.  I’ve had friends fret over the possibility of mentioning Disney in novels that they haven’t so much as outlined; my usual response is to hand them a copy of Percy Jackson with the 30,000 mentions of Diet Coke flagged, or to highlight the words “PlayStation” and “Sellotape” in the Harry Potter series.  Heck, Animorphs itself takes potshots at Nickelodeon and Planet Hollywood.  Worrying about copyright early on in the writing process is useless to the extent that it’s almost impossible to predict what copyright issues the final product will or won’t have.  I successfully published a poem trashing Dole fruit company in an anthology, only to have the whole anthology pulled because its inside cover accidentally (incorrectly) implied that it was published through our university’s press.
Trust me, I get why this problem draws the mind — it assumes a reality where my novel is finished, an agent accepts it, a publisher puts it out, and it sells enough copies for senpai to notice me.  But if you’re not talking to a publisher about this issue over your sixth or seventh draft of your polished manuscript, you’re borrowing tsuris.  Maybe by the time you’re done writing your novel, the resemblance to Animorphs will be less than passing.  Maybe you’ll run into a completely different set of copyright issues.  Point being: cross that bridge when you come to it.  Even better, let your publisher cross it for you.  That’s part of why they’re there.
Step 2: Draw out what makes your story unique, and avoid what makes K.A. Applegate’s story unique.
If you’re writing about mind-controlling aliens, that’s fine!  Those date back to at least Robert A. Heinlein, and arguably as early as humanity itself has had a concept of possession by spirits.  If you’re writing about shapeshifting kids, also fine!  Those definitely date back to the dawn of human culture, and can be found in the religions of every continent.  If you’re writing about trauma, fine.  I think you’re okay to borrow almost all of the broad strokes of Animorphs.
Things that wouldn’t be okay to borrow:
Specific descriptions of specific aliens.  If you have any vulcan-like beings in this universe, don’t make them four-eyed four-legged scorpion-tailed blue people.  Same goes for all the unique species and creatures.
The exact words KAA uses to write the scenes.  Hopefully you learned this already in middle school, but you have to do a hell of a lot more than rewording a quote to avoid plagiarism.  Don’t even paraphrase any passage from an Animorphs book, ever.  Write your own stuff.
Exact plots.  If you’re having your child shapeshifters chased by a sentient tornado that senses their shapeshifting energy while they all drive around continuously shapeshifting to play keep-away with said tornado, then that’s copying KAA’s homework even if you never use the words “yeerk” or “veleek.”
Exact characters.  This one’s nebulous, but try to avoid having your first narrator be a thirteen-year-old boy who enjoys basketball but was cut from the team, whose older brother is mind-controlled by an alien, whose friends all describe him as middle-aged before his time, and whose girlfriend is an animal-loving assistant vet.  You can write a Jake-like character if you change anything from his sport of choice to his ethnicity — and then ask yourself how that difference would change his outlook or upbringing.
Macguffins.  This is similar to the specific aliens: however your protagonists gain the ability to shapeshift, don’t make it a blue box.
Step 3: TELL NO ONE.
If I had to guess, at least one author has already done exactly what you’re describing — written heavily modified Animorphs fan fiction and published it as an original work.  If I had to make a specific guess, it’d be either that Veronica Roth’s Divergent series started as a work of Rachel/Tobias fan fiction, or that Stephenie Meyer’s The Host started as a fan sequel to the whole series.  However, I can’t go beyond guessing, because both authors are (WISELY) keeping their traps shut about the issue.  Yes, Roth has mentioned that Tobias “Four” Eaton is named after Tobias Fangor, but hasn’t gone beyond that.  Meyer has pulled the ultimate Mary-Shelly-worthy power move by responding to questions about her inspiration with “it came to me in a dream ¯\_(ツ)_/¯” which, honestly, life goals right there.
Speaking of Stephenie Meyer, let’s talk about E.L. James as an example of what not to do.  Sure, she didn’t have a ton of choice about people knowing 50 Shades of Grey was Twilight fan fiction — she initially published it on FFN under that heading — but it’s also this unavoidable fact about that novel that has contaminated many people’s perceptions of it.  Meyer has chosen to be classy as fuck about the whole thing through making no acknowledgement whatsoever of James, but she’d be well within her right to sue.  And James’s own work is forever going to be “that Twilight fan fic that made it big,” never considered purely for its own merits.  Jump from E.L. James to Cassandra Clare, and things get uglier: Clare’s been open about the fact that the Mortal Instruments originated as Harry/Draco fan fiction, and as such there’s widespread awareness in fandom spaces that Clare was that cyberbully on FFN back in the day, and is probably guilty of plagiarism.
How to avoid that nonsense?  Take it to your grave.  I know that one of the bestselling YA novels of 2015 was an utterly-revamped Supernatural fic idea; I only know that through the author being a friend of a friend, because the author has (WISELY) made zero public statements that that’s the case.  I know that Tamora Pierce, D.J. MacHale, Stephenie Meyer, and Noelle Stevenson have all quietly acknowledged having FFN or AO3 accounts, and I also know that none of their fan fiction usernames are widely known for good reason.  I know that Applegate herself has made statements that, shall we say, do not definitively rule out the possibility that Animorphs might have in its earliest incarnations borne passing resemblance to Lord of the Rings fan fiction.  But none of these authors have said as much on the record, which is the right way to go.
Anyway, happy writing!
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harrisjv · 6 years
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How to copyright a blog and also secure your web content
Writing is effort. If you discover that a person has actually swiped your words, you may intend to pursue lawsuit. However, just like several other facets of service, you need to have a plan to react to theft or violation of copyright (IP). A significant component of this may be to secure your Profit Member blog web content with copyright enrollment. Unsure exactly how to copyright a blog site? We'll reach that. First, allow's talk about with why you would certainly wish to.
Why sign up a copyright
When you produce a blog site and it's your original writing, that becomes your building and also the copyright is automatically given. That means that need to request for authorization to utilize your job. However, not everyone does. It's very feasible you will certainly locate your deal with other web sites, either in its entirety or in pieces. If you don't authorize of just how it is utilized on these sites, you may want to take lawsuit.
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I mentioned copyrighting with Ruth Carter, an Arizona lawyer at Venjuris who concentrates on copyright as well as Profit Member social media sites legislation. She has had her work swiped a minimum of five times and also suggests bloggers to produce a prepare for defense, which might include registering a copyright.
" I inform my customers it's not if someone swipes your work, yet when," Ruth said. "Decide how you want to react to thought infringement prior to it takes place and also take the appropriate activities in advance so you can flawlessly perform your reaction when it happens."
How to copyright a blog
Now that you know why you ought to consider it, you need to know exactly how to copyright a blog site. If you have actually made a decision to sign up a copyright for your blog site, it can be done online with the USCO and also costs much less than $100. The online system is a little bit tedious, but you don't need to be a lawyer to navigate it. Articles conserved as PDF or HTML files are easy to register by adhering to the web site's offered steps for just how to copyright a blog.
Ought to you determine to register your blog site for copyright, it is necessary to remain on top of your Profit Member registrations. As you produce brand-new material, you need to send it to the USCO in a timely fashion. As Ruth clarifies:
" When registering a copyright for a site, it is essential to keep in mind that your registration only relates to the content submitted with your copyright application. It does not protect any type of content included in your internet site after you submitted the application."
That implies you need to send a new application each time you include material if you want it to be covered. Since doing so features a cost, it could be best to use periodically when you have several articles you can protect at the same time. If you have a collection of blogs and are releasing routinely, you could wish to seek advice from a legal professional regarding a material defense method that is both effective and affordable.
There are additionally due dates and also guidelines concerning registering a copyright.
Your registration may only be used as proof in court if it was obtained within five years of magazine of the web content. In addition, to get your lawyer costs and legal problems covered in a suit, you will certainly need to send the material within three months of publication, or prior to anyone swipes it. If you wait or find a person has taken your job before you obtain the possibility to register, you might only accumulate actual damages and also profits made off of your swiped building.
Registering a copyright is totally volunteer, however if you do choose it's the ideal Profit Member option for you, make sure you understand the demands.
Other copyright security suggestions for blog writers
Whether you sign up a copyright or not, it depends on you to make certain your material isn't being used unjustly around the internet. Create a prepare for checking your web content and also determine the very best strategy for when you discover it has been utilized inappropriately. Think about the following fundamental details when preparing a copyright strategy:
" Poor man's" copyright is a misconception: Mailing a secured copy of your blog site to on your own is not exactly how to copyright a blog site. It does not offer any sort of enrollment or defense.
The copyright symbol or notification is not called for: You do not have to have the copyright symbol on your blog to be shielded. If you created it, it's your work as well as it's safeguarded. Having notification is a clever suggestion, however, since it advises individuals the job is had by you. When placing the icon on your blog, include your name as well as year of development.
Have a technique to discover infringement: If you are going to spend the time and also loan to register your copyright, use software program to keep an eye on theft or, as Ruth recommends, "One means to find prospective infringement is to enjoy your site's analytics. Many individuals presume, and also supposed gurus profess, that they can use any content they find on the web as long as they supply an acknowledgment and also web link back to the initial content. What the Profit Member person may be doing is committing copyright violation as well as informing you concerning it."
Web sites will certainly typically remove your web content if you ask: In many cases, you can just ask for the duplicated information be removed with a cease-and-desist letter. Getting this is typically adequate to frighten the swiping party into removing it to stop feasible legal effects.
Trademarking: Protecting your blog site name
Establishing a trademark might be another safety measure you wish to take if your blog has a huge adhering to.
While a copyright safeguards your words and also limits others' use of your blog, a trademark shields the name of your blog site from being replicated.
It offers the owner of the trademark exclusive use of the name and also might assist your customers locate the best blog site right away.
For instance, let's say your blog is popular and also somebody else creates a blog with a very similar name. They may have altered some letters around so they aren't identical, however the two names sound alike. By trademarking the name of your blog, you can prevent others from being able to make use of any name that is comparable sufficient that it might cause complication.
To get a hallmark, you need to submit an application with the USA Patent and Trademark Workplace. If you attempt to obtain a hallmark on a name that is already taken or is close to an additional Profit Member blog currently registered, your application may be rejected. Considering that getting a hallmark is a lawful treatment as well as has strict policies and deadlines, it is generally best to consult a lawyer before beginning the application process.
A note of information: Trademarking the blog name is not the like protecting a domain or signing up a business name for an organisation certificate.
Safeguard every one of your copyright
Bear in mind, your blog as well as web site are your service's intellectual property, however they are most likely not the only points worth safeguarding. Learn more about various other types of IP here and also make certain you have a plan in place to maintain every one of your possessions risk-free.
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