ONDON
— Since the revelations of plagiarism by the popular
historians Stephen Ambrose and Doris Kearns Goodwin,
commentators have been wrestling with the nature of literary
theft. It's been interesting to see this from my vantage point
as the so-called wronged party in the Goodwin case. Ms.
Goodwin's book, "The Fitzgeralds and the Kennedys,"
contained many sections that were copied from my book,
"Kathleen Kennedy: Her Life and Times."
I discovered this in the course of doing a review of Ms.
Goodwin's book. I was shocked to read passage after passage of
my own book embedded in hers. I wrote a kind review, then
hired a copyright lawyer. We eventually reached a satisfactory
settlement.
There have been a great number of attempts to explain away
plagiarism as a justifiable act with plenty of artistic and
historical precedent. In some quarters, it has been excused as
the literary equivalent of the droit du seigneur — the
natural entitlement of the most talented or the most popular
writers who can have their way with whatever material happens
to seize their fancy.
But the popularity of the authors, their intentions, their
track records, the quality of the book from which the
plagiarized material was lifted, the tendency of journalists
themselves to make a hash of the facts — all of these issues
are beside the point.
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Plagiarism is the dishonorable act of passing someone
else's words off as your own, whether or not the material is
published. Merely footnoting the copied words does not cure
the wrong. In cases where the words are protected by
copyright, copying in more than minimal amounts is illegal,
regardless of whether the copying was unintentional.
Writers don't own facts. Writers don't own ideas. All that
we own is the way we express our thoughts. Plagiarism pillages
unique expressions, specific turns of phrase, the unusual
colors a writer chooses to use from a personal literary
palette. Of course, in popular histories familiar facts and
scenes are often retold, but this is not plagiarism if the
telling is done in a writer's own words.
A case brought by Harold Courlander, author of "The
African," against Alex Haley for the use of his material
in "Roots" involved a claim of copyright
infringement, but the case hinged, in part, on the use of
three words. The author of "The African" wrote that
the ship "pitched, rolled and trembled." Haley's
book contained the identical phrase — one so individually
wrought that it was highlighted at the trial as evidence that
other material had been copied too. That case was eventually
settled.
In my case, whether Ms. Goodwin had used footnotes or even
quotation marks around the passages taken from my book would
not have mattered. (Some passages were credited to me in
footnotes.) It was the sheer volume of the appropriation —
thousands of my exact or nearly exact words — that supported
my copyright infringement claim.
Recognizing the thieving tendency of creation, copyright
law does allow a bit of leeway. Under some circumstances one
is allowed to quote a modest number of words from someone
else's work. Writers, after all, are relentless scavengers,
searching in the flotsam and jetsam of their daily experiences
for a surprising turn of phrase, a fresh metaphor.
But it is important not to excuse the larger sins of
appropriation. In this age of clever electronic tools, writing
can easily turn into a process of pressing the cut-and-paste
buttons, or gluing together the work of a team of researchers,
rather than the long and lonely slog of placing one word after
another in a new and arresting way.
Without demanding that writers, famous or struggling, live
by a certain literary law and order, we may gradually lose the
notion that an individual's unique expression matters.
Lynne McTaggart is the author of the forthcoming
"The Field: The Quest for the Secret Force of the
Universe.''