What is Fair Use and How is it Different from Plagiarism?

First of all, why would you use someone else’s words in what you’re writing? 

Sometimes it’s to show an appreciation and admiration for what someone has written. In other cases, it might be to enhance or expand on what you’re creating.

In non-fiction, citing others lends support to your own argument. 

All reasons are admirable, but just attributing without following some RULES doesn’t get you off the hook for being accused of plagiarism.

Image by Evangelos Evangelou from Pixabay

To ensure you’re complying with Fair Use, review these guidelines.

1. Be sure you're creating something original, not just copying.

In Double Negative, my boys are nothing but trouble, so much like the characters in S.E. Hinton’s Rumble Fish, a book I’ve always loved. In a scene, when the teacher Maggie Scott is trying to show her delinquents they’re not the only bad boys in the world, and perhaps not the best at being bad, she reads from Rumble Fish. Each piece I took from Hinton’s book related in some way to the life of one of my boys. I wanted those lines to prompt them to think that they weren’t alone and that there might be some value in reading after all. 

Here’s a short example of what I used from Rumble Fish in red font. The teacher is reading, the boys are trying to ignore her: 

“The title is Rumble Fish and here’s how it starts. ‘I ran into Steve a couple of days ago.’” 

At first I pretend to follow along in the book, but then because I can remember better if I close my eyes and make pictures inside my head, I let my eyelids come down. I see the kid meeting his old friend after five years, the way things haven’t gone right for him like they have for his friend. 

“‘. . . something that brings back the reformatory . . .’”  When she says that word I look up. 

Meeker’s got his finger moving along the page like he’s really reading, and Moss leans forward, not looking at the page, but staring at Maggie Scott. The priest’s got that vacant look, like, when he told me about his mom and dad being drunks. 

“‘How long were you in for?’ he asked.’” She reads the part of the kid, Steve, with a different voice from the one she used for Rusty-James. An old woman reading two parts as if she’s those kids, as if what’s in the book is as real as what’s in this room.

NOTE: I double-checked with my publisher about my use of Hinton’s material. We took out a few lines to be on the safe side.

2. Be sure what you’re writing won't compete with the source you're copying.

This is really a money question. When you deliberately copy another’s work, intending to divert sales from that author, that’s not Fair Use.

3. Always give the author credit, but don’t think that alone gives you the right to use the work. 

Keep in mind that accreditation and Fair Use are different animals, and follow all the other rules to avoid the accusation of plagiarism. 

4. Don’t be greedy.

Here’s a Rule of Thumb for how much of someone else’s work to use:

DON’T

• quote more than a few successive paragraphs from a book or article.
• take more than one chart or diagram
• use an illustration or other artwork in a book or newsletter without the artist's permission (written is best)
• quote more than one or two lines from a poem.

There’s no exact word count that falls within Fair Use, but there is a vague guideline. For shorter work, use less. For longer, use more. But keep in mind that for fiction (poetry, plays included) there is a greater chance you will be challenged for copying. 

Personally, I love to see authors use others' work. It enhances and often deepens my appreciation for a story in almost the same way allusions do. All you have to write is "We're not in Kansas anymore," and I immediately understand those characters are in trouble.

What's your take on Fair Use?