Setting the Stage

The murky dividing line between the concepts of plagiarism and originality, as well as the public’s confusion over these terms, are illustrated with historical and contemporary examples. A summary of the history of plagiarism begins with the origins of the English term in the writings of the Roman writer Martial, and changing attitudes toward the phenomenon are illustrated by writers of the 14th century (Chaucer), 16th century (Shakespeare), and 18th century (Benjamin Franklin). Charles Dickens emerges as the first great crusader against plagiarism, and ultimately a moral transgression largely morphs into the lawbreaking act of copyright infringement. Examples in the chapter include a famous public feud involving Dorothy Thompson, Theodore Dreiser, and Sinclair Lewis as well as allegations that famous authors like H. G. Wells and Margaret Mitchell made use of the work of others without attribution. The chapter concludes with the decades-long struggle of Victor DeCosta, who claimed that the CBS Western “Have Gun – Will Travel” was appropriated from his Paladin character. His story illustrates the difficulties in seeking redress for appropriation by large corporations.