What the Dog Saw [100]
And this is the second problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity. We accept the right of one writer to engage in a full-scale knockoff of another — think how many serial- killer novels have been cloned from The Silence of the Lambs. Yet, when Kathy Acker incorporated parts of a Harold Robbins sex scene verbatim in a satiric novel, she was denounced as a plagiarist (and threatened with a lawsuit). When I worked at a newspaper, we were routinely dispatched to “match” a story from the Times: to do a new version of someone else’s idea. But had we “matched” any of the Times’ words — even the most banal of phrases — it could have been a firing offense. The ethics of plagiarism have turned into the narcissism of small differences: because journalism cannot own up to its heavily derivative nature, it must enforce originality on the level of the sentence.
Dorothy Lewis says that one of the things that hurt her most about Frozen was that Agnetha turns out to have had an affair with her collaborator, David Nabkus. Lewis feared that people would think she had had an affair with her collaborator, Jonathan Pincus. “That’s slander,” Lewis told me. “I’m recognizable in that. Enough people have called me and said, ‘Dorothy, it’s about you,’ and if everything up to that point is true, then the affair becomes true in the mind. So that is another reason that I feel violated. If you are going to take the life of somebody, and make them absolutely identifiable, you don’t create an affair, and you certainly don’t have that as a climax of the play.”
It is easy to understand how shocking it must have been for Lewis to sit in the audience and see her “character” admit to that indiscretion. But the truth is that Lavery has every right to create an affair for Agnetha, because Agnetha is not Dorothy Lewis. She is a fictional character, drawn from Lewis’s life but endowed with a completely imaginary set of circumstances and actions. In real life, Lewis kissed Ted Bundy on the cheek, and in some versions of Frozen, Agnetha kisses Ralph. But Lewis kissed Bundy only because he kissed her first, and there’s a big difference between responding to a kiss from a killer and initiating one. When we first see Agnetha, she’s rushing out of the house and thinking murderous thoughts on the airplane. Dorothy Lewis also charges out of her house and thinks murderous thoughts. But the dramatic function of that scene is to make us think, in that moment, that Agnetha is crazy. And the one inescapable fact about Lewis is that she is not crazy: she has helped get people to rethink their notions of criminality because of her unshakable command of herself and her work. Lewis is upset not just about how Lavery copied her life story, in other words, but about how Lavery changed her life story. She’s not merely upset about plagiarism. She’s upset about art — about the use of old words in the service of a new idea — and her feelings are perfectly understandable, because the alterations of art can be every bit as unsettling and hurtful as the thievery of plagiarism. It’s just that art is not a breach of ethics.
When I read the original reviews of Frozen, I noticed that time and again critics would use, without attribution, some version of the sentence “The difference between a crime of evil and a crime of illness is the difference between a sin and a symptom.” That’s my phrase, of course. I wrote it. Lavery borrowed it from me, and now the critics were borrowing it from her. The plagiarist was being plagiarized. In this case, there is no “art” defense: nothing