Peter Friedman
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Ruling Imagination: Law and Creativity

July 09th, 2010 | copyright and fair use, creativity, originality | 1 comment

Plagiarizing about Plagiarism

You could write a column entitled “When it comes to songwriting, there’s a fine line between inspiration and plagiarism” any day of the week, and I believe I have, though I only stole the idea from the KLF (or Negativland or Bob Dylan, or Jim Jarmusch or Jonathan Lethem or David Shields or  David Markson or Shepard Fairey or . . . )




March 19th, 2010 | copyright and fair use, Counterfeit, creativity, innovation, Law as a reflection of its society, originality, Storytelling, technology and law | Add your comment

We build culture from culture, and let’s stop acting as if any one of us owns it.

Matthew Rose, The End of the WorldDavid Shields, from Reality Hunger:

This book contains hundreds of quotations that go unacknowledged in the body of the text. I’m trying to regain a freedomthat writers from Montaigne to Burroughs took for granted and that we have lost. Your uncertainty about whose words you’ve just read is not a bug but a feature.

A major focus of Reality Hunger is appropriation and plagiarism and what these terms mean. I can hardly treat the topic deeply without engaging in it. That would be like writing a book about lying and not being permitted to lie in it. Or writing a book about destroying capitalism, but being told it can’t be published because it might harm the publishing industry.

Mr. Shields, of course, is not original. Just check out Jonathan Lethem’ s essay “The Ecstasy of Influence: A Plagiarism.”

Or my piece, wholly indebted to Lethem,  entitled “Appropriation.”

Or David Markson, in Vanishing Point (at page 12): “Nonlinear. Discontinuous. Collage-like. An assemblage. As is already more than self-evident.”