Pushing the Limits: Plagiarism or Simply a Quote?

To quote or not to quote~

So to avoid plagiarism, you Google the current definition of copyright, so as to avoid being sued.

Surprise!  There is currently no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.                       https://www.copyright.gov/fair-use/more-info.html

Heaven forbid that it should be as simple as it used to be!

So is it a matter of Honor vs.Legality?

Writers often struggle with the fine line difference when creating their own articles or books.

·         Is quoting a written or spoken work OK?
Generally yes, if it's just a sentence or two, is in quotation marks and doesn't include a catchy slogan if it's just ordinary words

·         If it's just one sentence?
Generally yes.

·         If it's just 49 words or less?
That very handy old rule is no longer in effect.

·         How about if the words or phrase is trademarked™  as with a slogan?
NO unless you put the trademark symbol next to it.

When you do use an acceptable quote, honor that author by stating attribution: author, book or article title, publisher and publishing date. That's also a matter of honoring a fellow author.

Case in Point:

A few years ago, one of my book coaching clients got an official Cease & Desist request from a very large corporation several states away. It seems she had used the same 3 words

in the same order as one of the trademarked slogans this company owned! 

* Shock - Panic - Worry*

I connected the author with an intellectual property rights attorney. He contacted the Corporation, who used that phrase in all kinds of expensive branding and advertising. My client's attorney said they might or might not have a case. But they undoubtedly had a sizable legal division and ample time and money to keep taking her back to court.

She changed the title~

So when in doubt -- don't.
Create your own original version of those words.

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THE CURRENT GOVERNMENT DEFINITION OF COPYRIGHT

Copyright: A form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.

 "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection sole ownership of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright. unless they are trademarked!

https://www.copyright.gov/help/faq/definitions.html

Nonfiction Author's Tip #1

Let your passion move your pen!

 

Where do you start writing?

NOT AT THE BEGINNING

First go through your notes and outline or tentative Table of Contents and note which chapters make you: lean forward --  feel excited -- mentally talk to your future readers.

Write about what stirs your passion! 

Start writing now! Your eagerness will spill out
in sentence after glorious sentence of sharing. 

Let it flow -- don't tweak and polish. 

Grin - type - GET JAZZED as the words tumble out.

<> You'll be stunned at the energy of your writing <>

All First Drafts are "Rotten" -- Even Yours

Actually, Ann Lamott's richly insightful book Bird by Bird: Some Instructions on Writing and Life says "shitty first drafts."

Most prose professionals agree on a few basic rules for writing a nonfiction book:

• Select topic
• Create Table of Contents listing the primary chapters of your book
• Write the book
• Rearrange the chapters as many times as necessary for flow of information
• Write "The End" at the end

You will have resisted the urge to stop and edit each page as you go, but have mostly kept writing in the interest of honoring your "conversation with the reader." 

But the self-edit comes after you finish that beautiful first draft.

          Next *DO NOT SHIP IT OFF TO AN EDITOR.* 

Your rough collection of words isn't quite ready for prime time.

Then too, it might cost more if the editor has to struggle through confusing pronouns and verb tenses.

Let the manuscript sit for a few days to cool off and allow your mind to rest. Then read a chapter, go back and make corrections and notes for change, and just circle (or underline) typos, misspellings and punctuation errors.

Go through the whole book, one chapter at a time, noting the flow and pace of information and evenness of voice, tone and writing style, making any changes that will improve the quality.

Type the corrections, smile, do a little happy dance and send it off to whichever professional book editor you've connected with. 

And celebrate!