Copyright vs plagiarism spring 2013Presentation Transcript
Copyright VS Plagiarism
Plagiarism• Using someone else’s work without giving credit• Taking credit for someone else’s work• Examples: – Beyonce copying dance moves, not giving credit until after someone pointed it out = plagiarism – MC Hammer copying from Super Freak but giving Rick James credit = not plagiarism
Copyright• Laws about how you can use material• Doesn’t matter if you give credit, only matters if you get (pay for) permission to use item• Example: – Downloading pirated movie (not offered for free download by copyright holder) online, even if you never claim credit for it
Copyright§ 106 . Exclusive rights in copyrighted worksSubject to sections 107 through 122, the owner of copyright under this titlehas the exclusive rights to do and to authorize any of the following: 1. to reproduce the copyrighted work in copies or phonorecords; 2. to prepare derivative works based upon the copyrighted work; 3. to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; 4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; 5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and 6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.(Section 106 of US Copyright law - http://www.copyright.gov/title17/92chap1.html#106)
OK, so what did that mean?• “Subject to sections 107 through 122” – there are some exceptions, including fair use and exemptions for scholarship and research• Otherwise, only the copyright holder may reproduce, distribute copies, perform the original work, or create derivative works
Copyright• Laws about how you can use material – only the copyright holder may • Reproduce • distribute copies • perform the original work • create derivative works• Doesn’t matter if you give credit, only matters if you get (pay for) permission to use item
Copyright VS Plagiarism - ConsequencesPlagiarism Copyright violation• Fail a paper or a whole class • Get sued• Get expelled for academic • Have your video blocked on dishonesty youtube or other service• Be discredited or get a reputation as a copycat
Questions so far?
Crandall, Mary (Photographer). (2011). Who cares? [Photograph], Retrieved October 21, 2012, from: http://www.flickr.com/photos/57340921@N03/6315741001/
Public Domain• Includes items that are not eligible for copyright protection: – Facts – Ideas – General themes, settings, plots, characters of fictional works – Research data, quotations, and unoriginal organization of nonfiction works – Law and court decisions – Government publications
Public Domain• Includes items for which copyright protection has expired. – The laws have changed over the years, so the length of copyright protection varies.• Also includes works that are donated to the public domain by their creator.
Value of the Public Domain• Benefits – Copy freely • Use images on your blog • Include audio on videos, like your library ethnographies – May use for public performances • Cover or sample songs all you want without fear of being sued
Value of the Public Domain– Create derivative works • A movie based on a play or a novel • A drawing based on a photograph • A sculpture based on a drawing • A new arrangement of pre-existing sheet music • Biography of John Doe that contains journal entries and letters by John Doe • Drama about John Doe based on the letters and journal entries of John Doe
Isn’t that like plagiarism?
How do you know if something is in the Public Domain?• Refer to categories of stuff that can’t be copyrighted – they are in the Public Domain – Ideas – Facts – General plots, literary themes, etc. – Government documents
How do you know if something is in the Public Domain?• Determine whether the term has expired on a copyrighted item – If published before 1923 Public Domain – If published with notice 1923-1963: • Original term of 28 years, may be renewed for another 67 years of protection • If published without copyright notice Public Domain • If not renewed Public Domain – Search for renewal information since 1978 at http://www.copyright.gov/records/
How do you know if something is in the Public Domain?– If published with notice 1964-1977 • Original 28 years plus automatic 67 year renewal, so protected for 95 years from date of publication. • If published without copyright notice Public Domain– If created 1-1-1978 or later • Life plus 70 years OR • For works with anonymous or corporate authorship, the shorter of 95 years from publication or 120 years from creation
How do you know if something is in the Public Domain?• Notation on the work that the creator has put it in the Public Domain. – Open Content works – Open Access works• Being on the internet does NOT make it Public Domain!
Public DomainLim, Kevin (Photographer). (2006). Statistics for the Utterly Confused [Photograph]. Retrieved October 21, 2012, from: http://www.flickr.com/photos/inju/246717376/
Open Content (OC)• Author’s or Artist’s choice• “4Rs Framework” – reuse – revise – remix – redistribute• Works published under Open Content License – example: Wikipedia
Open Access (OA)• Unrestricted access to certain publications• No permission to revise or remix• Mostly academic journals – example: PLoS (Public Library of Science)• Includes peer-reviewed journals
Open Access and Academia• Two aspects of OA Scholarly Publishing: – OA Self-Archiving • articles published by authors on the internet – OA Publishing • articles published in an OA journal, like PLoS• Beyond articles and papers – MIT has started to put all their undergraduate and graduate materials online (http://ocw.mit.edu/index.htm)
Creative Commons (CC)• Creative Commons is a company through which creators can license their works• A creator can choose to use any of the six listed combinations of rights, but must ask for attribution• CC license conditions: – Attribution – Share Alike – Non-Commercial – No Derivative Works• Can search for works on Creative Commons site – http://search.creativecommons.org
Creative Commons License Options License Abbreviation LogoAttribution cc byAttribution Share Alike cc by-saAttribution No Derivatives cc by-ndAttribution Non-Commercial cc by-ncAttribution Non-Commercial Share Alike cc by-nc-saAttribution Non-Commercial No cc by-nc-ndDerivatives