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Topic : Re: Can I copy an existing magic system? Is it fine for me to copy the magic system of another author if every other aspect (story,plot,etc.) of my fantasy story is my own design? For instance, - selfpublishingguru.com

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The short answer is probably "not any more". At least, not at the moment.

[Stock "Not a lawyer" disclaimer]

The burden of proof for an accusation of plagiarism would rest with the plaintiff (but note there may be jurisdictional differences), and if the question had been "can I use a system of magic where people can manipulate the elements?", that idea has been used frequently enough - and for long enough - that no plaintiff would be able to prove the idea came from them. This would be reinforced by other aspects of the writing having nothing to do with any particular work.

Unfortunately, now you've asked this question in the public domain and used the word "copy" with a reference to a specific Nickelodeon / Viacom show, any lawyer for the plaintiff would have all the evidence they would need.

If you're writing for pleasure or specifically calling it "fanfiction", it is unlikely that any case would ever be brought. But if you're intending commercial publication this is likely to be problematic.

But all is not lost. If you can show that the question was a start point, and since asking you've done further research (particularly classical Chinese, Greek and Indian mythology), and your writing involves descriptions and terms more reminiscent of those - or of something you've thought of yourself - any case would be unlikely to succeed. If you can find something that was written earlier (particularly several hundred years earlier) than the series, it won't have mattered that the series was the initial inspiration for the idea.

And broader reading from a variety of sources is never bad advice.


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