Plagiarism & Copyright


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Plagiarism & Copyright

  1. 1. Copyright and Plagiarism By Antavius Flagg
  2. 2. What is Plagiarism? <ul><li>According to [Plagiarism]- the unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work. </li></ul>
  3. 3. What is a copyright? <ul><li>[Copyright]--the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death. </li></ul>
  4. 4. What is the difference between copyright infringement and Plagiarism? <ul><li>Copyright infringement is the unauthorized use of the creation of another individual. </li></ul><ul><li>It is possible to plagiarize without being accused to copyright infringement </li></ul><ul><li>Example: A student may copy a poem by Shakespeare and include it in his/her essay. </li></ul><ul><li>Because the poem is old, there will be no cause for copyright infringement. </li></ul><ul><li>However, not giving credit to the author is plagiarism. </li></ul>
  5. 5. Bugs Bunny?
  6. 6. Bugs Bunny?
  7. 7. Bugs Bunny
  8. 8. Mona Lisa?
  9. 10. What are the Types of Plagiarism?
  10. 11. Plagiarism Example? <ul><li> </li></ul>
  11. 12. Why is difficult to allege copyright infringement?
  12. 13. Legal Case Study Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985) <ul><li>Argued November 6, 1984 </li></ul><ul><li>Decided May20, 1985 </li></ul><ul><li>Reasons for case: In 1977, President Ford made a contract to license prepublication excerpts of his work. </li></ul><ul><li>Time Magazine had agreed to pay $25,000 for rights to write a 7,500 word excerpt </li></ul><ul><li>This changed, however, when an unknown source obtained a complete copy of Ford’s manuscript and passed it on to The Nation Magazine </li></ul>
  13. 14. Legal Case Study Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985) <ul><li>Because the memoir was ‘leaked’ Time refused to pay. </li></ul><ul><li>The Nation argued that the memoir fell under “fair use” </li></ul><ul><li>The District Court held that the Ford memoirs were protected by copyright at the time of The Nation publication, and that respondents' use of the copyrighted material constituted an infringement under the Act, and the court awarded actual damages of $12,500. </li></ul><ul><li>Court of Appeals reversed ruling citing: “In view of the expressive value of the excerpts and their key role in the infringing work,&quot; this third statutory factor disfavors a finding of fair use. </li></ul>
  14. 15. Student responses <ul><li>How to you feel towards plagiarism? </li></ul><ul><li>Anthony White: “I feel that it is okay to get information from the internet.” </li></ul><ul><li>Why do you believe it is important for authors to cite their work? </li></ul><ul><li>Anthony White: “To give credit where it is due.” </li></ul>
  15. 16. Student responses <ul><li>What do you believe is the main cause of plagiarism? </li></ul><ul><li>Anthony White: “The worldwide web.” </li></ul><ul><li>How should plagiarizing be punished? </li></ul><ul><li>Anthony White: “No Response.” </li></ul>
  16. 17. Student Responses <ul><li>How do you feel towards plagiarism? </li></ul><ul><li>Steveland Harris: “It's unfair to the author and the reader, if the case is lack of citation. Stolen work credited as another's is downright wrong. </li></ul><ul><li>What do you believe is the main cause of plagiarism? </li></ul><ul><li>Steveland Harris: “Same reason a guy in the ghetto will steal a tv, when someone does not have something and does have means to get it, he/she resorts to stealing. Obviously when expected to write it's going to be something like lack of talent or skill or knowledge of the subject, or simply lack of time. </li></ul>
  17. 18. Student Responses <ul><li>How should plagiarism be punished? </li></ul><ul><li>Steveland Harris: “ I think it should be punished for by getting on canned professionally or failed academically but not expelled. here is something commendable about stealing bread to remain alive but there is no such positive for stealing written work when it is for advancement.” </li></ul>
  18. 19. Student responses <ul><ul><li>How do you feel towards plagiarism </li></ul></ul><ul><ul><li>James Eubanks: “I believe that plagiarism shouldn't be tolerated to a certain degree. You shouldn't take word from word someone else’s ideas, but if you [have] similar ideas that you have done extra research on then it shouldn't be considered plagiarism and you shouldn't have to cite their idea. I think it's a cycle and all ideas originate from someone else. </li></ul></ul>
  19. 20. Student Responses <ul><li>How do you feel towards Plagiarism? </li></ul><ul><li>James Eubanks: “It's important because anyone can just make up facts and statements but you need to have proof so that the reader can have more than just one opinion. Or i guess cites help strengthen the writers opinion.” </li></ul>
  20. 21. Student Responses <ul><li>How should plagiarism be punished? </li></ul><ul><li>James Ramson: “If it is intentional just out of laziness plagiarism then I believe that the person should receive a zero.” </li></ul>
  21. 22. Sources <ul><li>HARPER & ROW V. NATION ENTERPRISES, 471 U. S. 539 (1985) (1985). Retrieved December 5, 2009, from </li></ul><ul><li>Lindey, A. (1952). Plagiarism and originality (pp. 25, 31, 33, 101). New York: Greenwood Press. </li></ul><ul><li>Plagiarism and Copyright - What Are the Differences? (The Council Chronicle, Nov. 05) . 16 Jan 2006 <>. The definitions were modified to make them more consistent with copyright law's use of the terms &quot;tangible form&quot; and &quot;idea&quot;. </li></ul><ul><li>What is Plagiarism? (n.d.) Retrieved July 15, 2008, from <> </li></ul><ul><li> </li></ul>