Ok, let's get this straight - ideas can not be copyrighted. Got that? CAN NOT BE COPYRIGHTED. If they could, we'd have a very scant reading selection. Not to mention movie and music selection. But they can't. So don't try to sue a bestselling author because you claim he or she plagiarized your work because there's a similar scene in there which only makes you look like a massive tool. Got it?
Because the tool boxes suing
JK Rowling obviously don't (
here and
here). The estate of Adrian Jacobs is suing
JK Rowling for plagiarism and claiming that she stole the notion of wizards riding on trains from this man's book that was published ten years prior to
Sorcerer's Stone coming out, among other things. You see the
ridiculousness of this? It's wasted effort. They really need to stop trying.
My book I'm editing now has a castle that can be moved in it. I thought it was such an original idea!
Yay me! Until one of my betas asked me if I got the inspiration from
Howl's Moving Castle. I went huh? and then proceeded to Google. Dammit! Granted the premise and everything about the moving castle itself is entirely different, the concept is still there. I'd never heard of
Howl's before that. Doesn't make it a plagiarism case. It can't be if I was completely unaware of something similar until months after I'd written the first draft of my own work. But even should my book get published, there's still no harm. Because the idea for a moving castle can't be copyrighted.
Just like the idea for a 19
th century
Gossip Girl can't be copyrighted or a boy wizard can't be copyrighted or dragon-slaying can't be copyrighted. There's a reason why we tend to see similar books on the shelves, like all of the academy books (with or without fangs). Because the idea doesn't belong to one individual, just the execution does.
It takes a lot of effort to get the lawyers together to take on an author like
JK Rowling, not to mention a huge sack of balls. Not because she'll go
batshitty on you but because you really have to have a big head to think that
she copied off of
your work. Really big head.
To be fair, I said the same thing
about Rowling when the issue with the HP Lexicon came about. One of her defenses was that the idea for an HP
encyclopedia was her idea first. Push all of the copyright
infringement issues that the Lexicon had off to the side, that statement is irrelevant. Who had the idea first doesn't matter. Why? "Because you can't copyright ideas." Very good! It's all about winning the race, not what you did to get to the end. So if that alone was her stance, she would have been screwed. Thankfully she's actually the copyright holder of all things HP so she had a pretty comfy pillow to fall back on there.
If you're going to go after any author, let alone one as huge as Rowling, for plagiarism, for the love of god be sure you can
substantiate your claim so you don't look like an ass. Jealousy is not a good motivator, even if her idea did better than yours. Publishing has a lot to do with timing and luck and not everyone can win that game. If you can't
substantiate your claim, just take the hit and write another book. Maybe you'll get lucky next time.