In a comment on a semi-public forum, Vice commented about the passing of the author and his mentor, Barry Hannah.
I'm proud to say that you can find my name and a little blurb on the paperback copies of Yonder Stands Your Orphan. Later it was used to make me look like some sort of criminal when my book controversy hit. It really made me depressed. I can't even find the review on-line now as there are more so ... many articles about the review that the review is lost. You could find it on the SFC page if you were interested. I even told my editor when he gave me the book--Look, I've read everything by BH, and I love it all --so if you give me this book, I'm likely to write a good review. He said, "You sound like your qualified for the job." Anyway, it made me so angry that they tried to smear Barry through me. I still can't get over the Lucifarian villain who looks like Conway Twitty--too concerned about his hair to play high school football.
I have no reason to believe he's actually referring to Robert Clark Young being a prissy pansy and disrespectable no-account lying jealous sack of excrement or anything of that nature. No reason at all to associate that person with those traits.
If I ever rewrite this—or write again on the subject—I think I shall bring into the conversation the legal criminology term of "larceny," that is, theft by stealth, and equate it to the Twain attribution. Steal it quietly, make it your own, and wear your influences as evidence of the literary stream which has washed down from those who came before you. Or something poetic like that.
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CRW 321 - 001
February 24, 2009
Wild Card Essay
"Bad writers borrow from other writers; Good writers steal."
This quote is often attributed to Mark Twain, T. S. Eliot, or Oscar Wilde. It's witty and deeper than it seems at first, and completely apropos to our discussion. Without absolute veracity of such an attribution, for the sake of this argument, we'll leave the source of that quote with Mr. Twain.
Does this comment mean that Twain encouraged and condoned plagiarism? Although it may not be immediately apparent in this statement, we can be fairly certain that, indeed, Twain (nor Eliot, nor Wilde) was not encouraging anyone to plagiarize another's work. But let us take a closer look at what defines plagiarism before picking apart what Twain might, or might not, have meant by that.
In examining this subject of borrowing and stealing other people's work—focussing exclusively on the written word and not on intellectual theft in the other arts—we will discuss ideas and intellectual property rights, touch briefly on copyright law, and take a look at three cases involving the accusation of plagiarism, and find evidence that in the world of literature, stealing is not as readily evident from borrowing as one might expect. Following that, we will return to Mark Twain's (attributed) quote and have another look at what it might really mean.
Before we get into our three specific cases, let us take a moment to define some things. Intellectual Property, to put it simply for our use in this discussion, is considered to be—as stated by the World Intellectual Property Organization (WIPO)—"Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce." The term is used to denote the legal rights of a work and not the work itself. Under intellectual property laws, the creator, or rightful owner of a work, are granted certain exclusive rights to their work in any medium. Copyright, trademarks, trade secrets, and patents are just a few examples of intellectual property rights. For the purposes of this discussion, however, we will limit our commentary to copyrights, and not touch upon any of the other defined forms of intellectual property.
So what is involved with copyright law?
A comprehensive answer to that would involve a firm of lawyers and more pages of explanation than a small room could hold—this is why there are specialized attorneys to deal with the complexities of copyright law—but we will try to offer a very brief description of what it covers in relation to our purpose.
The intent of copyright in the United States is based on Article I, Section 8, Clause 8 in the U.S. Constitution, which states: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This is intended to give the creator of a substantive and discrete idea—that is, an idea that is seen to fruition in an extended written work, and not merely the idea itself, nor titles, situations, or characters without their placement in a substantive, discrete work—certain exclusive rights (as we said about intellectual property) to publish, distribute, or adapt their work for a reasonable amount of time. That reasonable amount of time is currently given to be 50-100 years following the death of the creator of the work. This complexity is further muddled by "fair use."
The fair use doctrine does not specifically define "fair use" but rather gives a four point rubric to discern if use of copyrighted material is able to be used fairly by another party. The factors given to consider this are: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. Thus there is a legitimate right to use excerpts or quotes from a copyrighted work "for purposes such as criticism, comment, news reporting, teaching […], scholarship, or research," (U.S. Code) which means book reviews can use portions of a work for purposes of illustrating an opinion; schools can use copyrighted work so long as they are not charging a fee for its use in an educational manner; and very brief quotes can be used as epigrams by others in their own work.
Confused by that? You begin to see how quickly complicated this matter can become; especially when copyright/intellectual property right laws differ from country to country. The entire matter is about as clear as a lecture on theological nuclear physics recited by Carl Sagan, backwards, in Pig Latin.
My sarcastic analogy is silly, but is meant to illustrate the complexity of this point. We are three pages into a discussion of plagiarism and we have only now reached the examples.
Our first look will be at the case involving the accusation that in The Da Vinci Code, Dan Brown plagiarized the work of Michael Baigent, Richard Leigh, and Henry Lincoln (although Lincoln's name did not appear on court records in this accusation) in their non-fiction work, Holy Blood, Holy Grail. This is a case of fiction appropriating material from non-fiction, which is not as common as fiction appropriating from other fiction, as well as the fact that the accusation hinged upon the direct use of ideas and framework of the earlier material. As author Richard Leigh stated, Dan Brown "lifted the whole architecture—the whole jigsaw puzzle—and hung it on to the peg of a fictional thriller." (Day)
So the accusation of Brown's plagiarism did not involve direct use of phrases and word choice, but on the framework, background, and general idea of Baigent's and Leigh's intellectual property.
To many in the literary world, the case Baigent and Leigh brought against Brown looked to be a clear case of copyright infringement; plagiarism. Myriad ideas put forth in Holy Blood, Holy Grail (HBHG) were present in nearly identical form in The Da Vinci Code, including a character who physically resembled the third author of HBHG, Henry Lincoln, and whose name, Leigh Teabing, is lifted directly from authors Leigh and Baigent (anagram of Teabing). The Justice who heard the case in UK Court disagreed with the accusers, and the verdict dictated that the ideas depicted in non-fiction work could not be plagiarized.
As a work of historical research, HBHG was often criticized as being faulty and venturing into the realms of fiction. So, ironically, if Baigent's and Leigh's work had been fiction, they would have likely won their plagiarism case against Brown. As it was, copyright precedent had been set for works of fiction to be able to use non-fiction ideas without infringement.
Our next example involves a case of fiction borrowing from other fiction, coming from a first time author and young student at Harvard University named Kaavya Viswanathan. At the age of 19, she had her first novel published to notable acclaim. How Opal Mehta Got Kissed, Got Wild and Got A Life garnered Viswanathan a large advance along with a two-book deal, praise from the Los Angeles Times, USA Today, The Boston Globe, and many others. An film deal with Steven Spielberg's company DreamWorks SKG had been signed. Her academic and literary future seemed bright (Bailey; McGonigle; Memmott).
Then The Harvard Crimson ran an article claiming Viswanathan had plagiarized 12 passages in her book from two novels by Megan McCafferty. The passages were more than merely similar, they were virtually identical (Zhou). Both the author and her publisher denied the accusations, but things got worse quickly. By mid-May of that year, the New York Times had covered the story with several articles, and the evidence of plagiarism expanded. From 12 passages to 29 passages to more than 40 passages of almost identical phrases had been used by Viswanathan, taken from the two novels by McCafferty, as well as novels by Sophie Kinsella, Meg Cabot, and Salman Rushdie. As it turned out, more passages from Viswanathan's debut novel were copied from previous works than were not (Zeller; Smith and Moto).
Soon the publishers, Little, Brown and Company pulled the book from stores—at first to republish it with the offending passages removed—but as the scandal grew, they cancelled republication and Viswanathan's book deal (Crimson).
When the initial accusations were reported, Viswanathan appeared on The Today Show with Katie Couric, were that she commented that she must have "internalized" the details of McCafferty's books without realizing it. Following the expansion of the accusations, neither Viswanathan, nor her publisher, offered further comment directly concerning the issue. Viswanathan has since left Harvard and is currently attending Georgetown University (Atwan).
Our third example is perhaps the most difficult to deduce facts from accusation since it involves the overlap of academia, professional publication, and the sometimes uncomfortable meeting between fiction and non-fiction narratives.
In 2005, Brad Vice was an assistant professor at Mississippi State University when he was awarded the 2004 Flannery O'Connor Award for his short story collection, The Bear Bryant Funeral Train. Not long after this announcement, a library advisor at the University of Alabama in Tuscaloosa (where Vice received his B.A. and where the story of contention is set) contacted the publisher of the award alleging plagiarism in one of the collected stories. Based on this single allegation, and without questioning the author, the University of Georgia Press rescinded the award to Vice, and ordered copies of his book to be pulled from distribution and pulped (Media Bistro).
Following this, Robert Clark Young published an article in the New York Press attacking not only Vice's short story collection, but extending the plagiarism claims to other short stories and articles Vice had written, but also calling into question Vice's Ph.D dissertation at the University of Cincinnati. Young's allegations went beyond Vice's work, but to his academic career, both as a teacher and a student, and made inflammatory comments about a number of another writers—all of whom were graduates of the Sewanee Writers' Conference—including Barry Hannah (Young; Sanford).
"Tuscaloosa Knights" was the story at the center of these allegations. It contained two sentences that were very similar to those appearing in a non-fiction book by Carl Carmer called Stars Fell On Alabama (It would be another year before a British court would offer an opinion as to the validity of fictional work using non-fiction source material, so a case of fiction "plagiarizes" non-fiction had not yet had a ruling in court). Carmer's work is quite famous around Tuscaloosa, as the author had been a professor at the university for a number of years in the 1930s, during which time he wrote his book (York). Vice stated that his use of Carmer's words and setting was an example of intertextual postmodernism, and an homage to Carmer's work. Indeed, previous version of the manuscript, including that of his Ph.D dissertation, contain epigrams to Carmer (Vice).
Critics, particularly Young, argued that it was deliberate plagiarism. Vice's supporters—who included other authors, editors of magazines where Vice's work had previously appeared, and Vice's former professors and advisors—leveled their own claims against Young, stating the latter man was bitter at Vice, Hannah, and the Sewanee Writers' Conference because Young's work was widely panned at the conference, and in his article accusing Vice of plagiarism, there are numerous factual errors concerning the Sewanee Conference and unfounded allegations against its sponsors and organizers.
The context in which Vice used a few sentences of Carl Carmer's work places the appropriated phrases in a very similar setting—that of a nighttime Ku Klux Klan rally in Tuscaloosa—but with different characters and a different outcome. Carmer's "Flaming Cross" chapter of Stars Fell On Alabama, was a description of an actual event (Carmer; Cobb). Vice's story is fictional, although keeps the setting of several people discussing, and then attempting to attend out of curiosity, the Klan rally (Vice).
The result of these allegations against Brad Vice resulted in his loss of the Flannery O'Connor Award (although another publisher picked up the book and made a few minor editorial changes) and eventually his dismissal from his position at Mississippi State University. He now teaches at the University of West Bohemia in the Czech Republic (ZČU).
These tales of caution bring us back to the quote we've attributed to Mark Twain, "Bad writers borrow from other writers; good writers steal," and our question at the beginning as to what such a volatile statement as that could possibly mean.
Twain is almost certainly not condoning nor encouraging plagiarism. What this quote is taken to mean is that if an idea or phrase or concept appeals to a writer, they shouldn't borrow it, as in merely using the words of another to make their own piece seem stronger or more literary or more legitimate, instead stealing an idea, concept, or phrase, means to take it and use it in a manner unique to the voice of the "thieving" writer; to re-engineer, deconstruct, improve, fold, spindle, and alter it into a manner fitting the voice and setting and framework of a new piece.
If all literary theft was plagiarism, Byron could sue Poe, Petrarch could sue Shakespeare, and Shakespeare could sue almost everyone else. T. S. Eliot called such appropriations "verbal kleptomania," and practiced such himself.
In other words, if you are going to liberate material from another writer—from another source—don't just rent it and make a copy; turn it into something of your own.
The moral of this story may well be: Be aware of where the words and ideas you use have been before they showed up on your page, but when they do—and here I steal a comment from Martin Luther—"sin bravely."
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Works Cited
Works Cited
Atwan, Greg. "Kaavya Emptor."
02138 Dec. & Jan. 2008-2009, Vol. 3, No. 1.
Bailey, Marilyn. "HOWMTF:How 'Opal' will make teen famous."
The Boston Globe 17 Apr. 2006.
Cobb, Mark Hughes."Book's passages raise questions of plagiarism."
TuscaloosaNews.com.
21 Oct. 2005. 22 Feb. 2009.
21 Oct. 2005. 22 Feb. 2009
2 May 2006.
Sunday Telegraph [London] 3 Oct. 2004.
ZČU.
Oh c'mon, getting into
and Got a Life: A Novel."
Los Angeles Times 8 Apr. 2006.
New York Times 2 May 2006.
"U. of GA Press Recalls Stories, Revokes Prize."
U.S. Constitution. Art. I, § 8, cl. 8
Vice, Brad. The Bear Bryant Funeral Train.
Athens: University of Georgia Press, 2005.
Dissertation.
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