Lucilla Andrews An Appreciation
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An example occurred with the fictional Inspector Morse; before the television adaptations were filmed, researchers checked with Thames Valley Police that no real life counterpart existed. But how does the arts community view plagiarism and what are the moral dilemmas that Lavery faced?
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While it might be expected that writers would take a hard-line view of accusations of plagiarism, in a related instance where a prominent writer was alleged to have lifted material from another source, he found a swell of support amongst his peers. The lawyer also draws the distinction between the use of material in fiction and non-fiction. I would have been happy to let her quote whatever she wanted had she asked. But I wish she would have asked.
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Arguably, of the two, Lewis had more of a right to object to her treatment than Gladwell. In a US case from the music world, Bright Tunes Music Corp v Harrisongs Music Ltd ,37 the judge was convinced that musician George Harrison had not deliberately copied an earlier song in one of his compositions, which bore a striking resemblance in structure, melody and lyrics.
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In effect he was unaware of the influence that the existing song had had on his own composition. However, this would appear to be unsustainable in this case, as Lavery was well aware of the real life influences on her work.
This statement suggests that Lavery was very much aware of the sensitivity of using real life influences, but from the point of view of those who had been personally touched by the issues in the play rather than from the point of view of those who supplied the factual detail. One additional point to consider is that it may have been possible that Lavery did not believe she was solely responsible for identifying any copyright infringement. However, from a legal point of view it appears that the responsibility lies with Lavery.
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Given the issues discussed in the preceding sections, the question remains, what could Bryony Lavery have done differently? An obvious way in which she could have avoided this controversy would have been simply to seek permission from Gladwell and Lewis before using their source material. However, the major problem that remains is the way in which Lavery used the material.
As Lewis remarked:. She took things about my own life, and that is the part that made me feel violated. So again, it is the fine line between research and copying and the skill applied by the writer to create something original. Access your favorite authors, articles and more.
Essay on defamation and plagiarism
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