It is often difficult and sometimes impossible to prove plagiarism. If this applies, for example, minor works, then thieved author, as a rule, and does not attempt to restore justice, because as they say in such cases: not worth the sheepskin. But when the smell of big money, you can start a lawsuit.
But here is not so simple. As world practice shows, there are many legal tricks and ways to avoid responsibility. A good example is the claim JK Rowling - author of the Harry Potter books by Russian writer Dmitry Emtsu who allegedly while writing his books about the adventures of a girl Tanya Grotter using her idea, story, song, etc. etc. At that AD Yemets the court said that "Tanya Grotter" is a parody of JK Rowling's books, and that was enough to judge dismissed a lawsuit known writer.
Indeed the book D. Emtsa very "similar" to the English writer of the book, but the genre of "different" and it decided the outcome of the case.
Another high-profile trial over plagiarism began April 3, 2006 in London Great Britain
Beydzhent and Lee argued that the author of world famous art bestseller "The Da Vinci Code» (Da Vinci Code) American Dan Brown, "borrowed" some conclusions from their work. They put forward the claim to the printed book Brown in the UK
In particular, Beydzhent and Lee was accused by Dan Brown that he took advantage of their theory that Jesus Christ and Mary Magdalene had children...
But Brown said that this idea, he came to himself, while working on the "Da Vinci Code" used by several tens of sources, among who was the book "The Holy Blood and the Holy Grail."
However, one of the best specialists in the UK Copyright Paul Herbert in an interview with TV channel Sky News said that the show will be very difficult.
"Publishers of" The Da Vinci Code "will say that everything they did - it took a basic fact of the original work - the assumption that Jesus and Mary Magdalene - and made this novel. There is no violation of copyright, so what is the essence of the claim? "- He said.
In addition, a significant portion of claims Beydzhenta and Lee was deselected in preparation for the hearings, representatives of The Random House thought it was a good sign that "the claim is hopeless."
This project has been invested very large sums of money "big" people who have done everything not to lose their profits. And so it happened, the publishers of The Da Vinci Code "process have won, and the plaintiffs have paid millions in legal fees.
As is well known book Brown became the basis for the movie script, starring Tom Hanks and Audrey Tautou. The budget picture, which in 2006 opened the Cannes Film Festival, was $ 100 million. Clearly, in this case was raised and the interest of the public.
So things are a rich, they have their own problems and their solutions. But what do ordinary journalist-workaholic, who day by day wrote tirelessly, but it also robbed fellow drones, and which simply do not have time to deal with all sorts of claims?
Since the native state hopes a little, and it is a troublesome thing to sue, you can search and other capable organization. For example, several years on the Internet site www.ezhe.ru existed so-called board of Shame, where you can send a "batterer."
Here are some of the provisions of Boards of Shame: "The first and most important thing that you should suck the milk provider: despite the similarity of the Internet in the state. Construction era of developed socialism, the commandment "Thou shalt not steal" no one has yet canceled. Each Fenichka, every text, even a selection of links if you do not have the author, the copyright holder. And he, in turn, is protected by Russian and international law. "
As a rule, copyright infringers apply efficient and effective interventions ("- namely, the authors appeal boards of Shame to the ISP, the owner of the hosting, the owner of the banner advertising network that is used by the offender, the offender directly to customers"), after which it is not so wanted to steal someone else's work.
But these same measures can take any lyricist! Elizabeth Ionov , for example, advises the following:
"You write extremely polite (boorish insult, etc., with variations) a letter to the person whose contact address indicated on the website or ezine, and expressed its claims. Of course, they must be formulated very clearly - you want to in the article indicated the authorship, returned to her original form or even removed from the site.
If the creator of the site did not come in contact with you, then you can pull the plug, but you can send two letters - one of the creators of the site, the other - hosters.
If you require more compensation has any damage, except for moral, then behind it will turn to professional lawyers. But: before this should prepare evidential base:
Publishing an article on paper (the easiest and safest option, provided that the publication date is ahead of the appearance of infringing copies);
Notarization of print articles prepared with the date and author;
Documentary evidence of the existence of the article with the date and author (for example, send yourself an article by ordinary mail, the postmark and will serve as proof of your authorship).
The Company Lexis Nexis, a global provider of information services, announced in late 2005, the release program, whose main task will be a struggle with the increasing incidence of plagiarism in the electronic and printed periodicals, by identifying the percentage of foreign text.
"How the program works is simple enough. We remove "electronic fingerprint" with a new document and compare them with the prints of documents already available (and there are over 6 billion) - to share the news, John Barrie, CEO of iParadigms, which also participated in the creation of this program, and before that developed oriented solutions to curb plagiarism among students.
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