Best practices to avoid plagiarism and copyright infringement. About Klemchuk: Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the copyright firm and its copyright attorneys may be found at www.klemchuk.com.

1. BEST PRACTICES TO AVOID
PLAGIARISM
AND
COPYRIGHT INFRINGEMENT
BY:
DARIN KLEMCHUK

2. Plagiarism
v.
Copyright
Infringement
Plagiarism
Copyright
Infringement
School
Essay
Lawsuit
$

3. Plagiarism
v.
Copyright
Infringement
Image
taken
from
http://dearauthor.com/features/letters-­‐of-­‐opinion/fan-­‐fiction-­‐plagiarism-­‐and-­‐copyright/,
Jane
Litte,
March
18,
2012.

4. * What
can
be
plagiarized?
* Words
* Images
* Ideas
* Music
Plagiarism

5. Plagiarism
• Properly
cite
sources
• Use
quotation
marks,
when
appropriate
Do’s
Don’ts
• Assume
that
a
client
provides
you
with
an
original
work
• Self-­‐plagiarize

6. * What
can
be
protected?
* Any
work
of
authorship
fixed
in
a
tangible
medium
* Examples:
works
of
art,
books,
computer
programs,
manuals,
audio-­‐visual
works,
jewelry,
fabric
designs,
architectural
works
Copyrights

7. * 35
U.S.C.
§106
Exclusive
rights
in
copyrighted
works
Subject
to
sections
107
through
122,
the
owner
of
copyright
under
this
title
has
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.
Rights
in
Copyrighted
Works

8. Copyright
Misconceptions
* Changing
10%
of
a
work
(the
“10%
Rule”)
will
avoid
infringing
the
work.
* Admission
of
not
owning
a
copyright
in
an
accused
work
(i.e.
“This
is
the
work
of
…”)
prohibits
me
from
being
found
liable
for
copyright
infringement.
* I
have
to
use
the
copyright
symbol,
©,
or
I
will
lose
protection.
* I
will
acquire
copyright
protection
by
mailing
a
copy
of
my
work
to
myself.
* Registration
with
the
U.S.
Copyright
Office
is
required
to
own
a
copyright.
http://nymanip.com/2016/04/07/5-­‐copyright-­‐myths-­‐simply-­‐arent-­‐true/,
Scott
Nyman
IP,
April
7,
2016.

9. Copyright
Infringement
Jury
Instructions
• Anyone
who
copies
original
elements
of
a
copyrighted
work
during
the
term
of
the
copyright
without
the
owner’s
permission
infringes
the
copyright.
• On
the
plaintiff’s
copyright
infringement
claim,
the
plaintiff
has
the
burden
of
proving
both
of
the
following
by
a
preponderance
of
the
evidence:
1.
the
plaintiff
is
the
owner
of
a
valid
copyright;
and
2.
the
defendant
copied
original
elements
from
the
copyrighted
work.
• If
you
find
that
the
plaintiff
has
proved
both
of
these
elements,
your
verdict
should
be
for
the
plaintiff.
If,
on
the
other
hand,
the
plaintiff
has
failed
to
prove
either
of
these
elements,
your
verdict
should
be
for
the
defendant.

10. Copyright
Contributory
Infringement
Jury
Instructions
• A
defendant
may
be
liable
for
copyright
infringement
engaged
in
by
another
if
[he]
[she]
[it
]
knew
or
had
reason
to
know
of
the
infringing
activity
and
intentionally
[induces]
[materially
contributes
to]
that
infringing
activity.
• If
you
find
that
[name
of
direct
infringer]
infringed
the
plaintiff’s
copyright
in
[allegedly
infringed
work],
you
may
proceed
to
consider
the
plaintiff’s
claim
that
the
defendant
contributorily
infringed
that
copyright.
To
prove
copyright
infringement,
the
plaintiff
must
prove
both
of
the
following
elements
by
a
preponderance
of
the
evidence:
1. the
defendant
knew
or
had
reason
to
known
of
the
infringing
activity
of
[name
of
direct
infringer];
and
2.
the
defendant
intentionally
[induced]
[materially
contributed
to]
[name
of
direct
infringer’s]
infringing
activity.

11. Copyright
Contributory
Infringement
Jury
Instructions
• If
you
find
that
[name
of
direct
infringer]
infringed
the
plaintiff’s
copyright
and
you
also
find
that
the
plaintiff
has
proved
both
of
these
elements,
your
verdict
should
be
for
the
plaintiff.
If,
on
the
other
hand,
the
plaintiff
has
failed
to
prove
either
or
both
of
these
elements,
your
verdict
should
be
for
the
defendant.

12. Copyright
Infringement
Penalties
• Go
to
jail.
• Pay
court
and
attorneys
fees.
• Impound
and
dispose
of
infringing
works.
• Pay
fine
for
each
work
that
was
infringed.
• Injunction
issued
to
cease
infringing
activity.

13. Plagiarism
and/or
Copyright
Infringement?
* Which
is
it?
1. Publishing
or
copying
William
Shakespeare’s
Romeo
and
Juliet
under
your
own
name.
2. Publishing
The
Hunger
Games
by
Suzanne
Collins
under
her
name
and
without
permission.
3. Uploading
a
YouTube
video
of
yourself
where
thousands
of
viewers
watch
you
sing
a
cover
of
Justin
Beiber’s
Love
Yourself
(you
credit
Beiber
with
being
the
original
artist).

14. Public
Domain
* All
works
will
eventually
end
up
in
the
public
domain
and
lack
copyright
protection.
* Works
published
in
the
United
States
prior
to
1923
are
in
the
public
domain.
* Copyrighted
works
published
in
the
United
States
from
1924-­‐1978
are
in
the
public
domain
for
95
years
from
the
publication
date.
* Copyrighted
works
published
in
the
United
States
after
1979
are
in
the
public
domain
for
the
life
of
the
author
plus
70
years.
For
companies
or
work
made
for
hire,
the
works
are
in
the
public
domain
the
shorter
of
95
years
from
publication
or
120
years
from
creation.

15. Fair
Use
Factors
* In
a
nutshell,
fair
use
concerns
commentary
and
criticism,
or
parody.
* 17
U.S.C.
§107
Limitations
on
exclusive
rights:
Fair
use
(1)
the
purpose
and
character
of
the
use,
including
whether
such
use
is
of
a
commercial
nature
or
is
for
nonprofit
educational
purposes;
(2)
the
nature
of
the
copyrighted
work;
(3)
the
amount
and
substantiality
of
the
portion
used
in
relation
to
the
copyrighted
work
as
a
whole;
and
(4)
the
effect
of
the
use
upon
the
potential
market
for
or
value
of
the
copyrighted
work.
* The
fact
that
a
work
is
unpublished
shall
not
itself
bar
a
finding
of
fair
use
if
such
finding
is
made
upon
consideration
of
all
the
above
factors.

16. Darin
M.
Klemchuk
Managing
Partner
darin.klemchuk@klemchuk.com
Thank
You!