Given the abundance of material on the World Wide Web, finding information is much easier and faster today than it was back when people had to visit a library then pour through countless books and periodicals in order to locate information. In fact, in the electronic age, what some people might argue is the equivalent of the content of all the libraries in the world is but a mouse-click away.
The problem, however, is that just as obtaining information has become easier, so has committing plagiarism and copyright infringement. Compounding the problem is the fact that many people fail to understand exactly what constitutes plagiarism and copyright infringement, even though this lack of knowledge could have unpleasant legal ramifications.
Plagiarism Defined
The word “plagiarism” derives from the Latin “plagiarius,” meaning “kidnapper” or, literally, “a thief” (Webster’s, 2006). Technically, however, plagiarism is defined as the act of taking another person’s words or ideas and passing them off as one’s own, whether done so intentionally or unintentionally; and the act is most often associated with written works.
While it is acceptable either to quote or to paraphrase (put into one’s own words) information gained from a written work, one must acknowledge the original source in both instances since paraphrasing is equivalent to “borrowing” another person’s ideas, and a failure to attribute ideas to the original source is also considered plagiarism.
Copyright Infringement Defined
There are limits to exactly how much of a written work one can use without wading into the murky waters of copyright infringement.
As stated in the “Fair Use” provision of Copyright Law, one can use short direct quotes from a published work as long as one cites the original source; however, it is not acceptable for one to use extremely long quotes, for instance, several consecutive paragraphs or entire pages without the express written permission of the copyright owner. If one does so, one is guilty of copyright infringement.
Copyright laws protect the rights of the creators of original works. When someone owns the copyright on a work, he or she has the exclusive right to reproduce that work in any form, including:
- Using the original to create other works, for example, serials or updated versions;
- Distributing copies to the public via the selling, renting, leasing, loaning, or transferring of ownership;
- Displaying the work publicly in dramatic productions, pantomimes, pictures, graphics, or sculptures.
Note: If someone owns the copyright on a particular work, even if that work has not yet been published or distributed to the public, the owner is still protected and violators of the copyright can be prosecuted.
What Are Protected Works?
Protected works are those attributed to an original author and fixed in a tangible form.
Examples of protected works:
- Literature: books, poems, short stories, articles, essays, and even comic books;
- Plays: dramatic compositions or performances;
- Screenplays: scripts written expressly for production as movies or those based upon a novel or existing short story;
- Music: vocal and instrumental recordings, including DVDs, CDs, cassette tapes, videos, and records;
- Art: paintings, sculptures, sketches, lithographs, etchings, etc;
- Films and movies: those made by a major studio, an independent studio, or an individual;
- Photographs: images created through the photographic process;
- Graphics: drawings, designs, charts, diagrams, etc;
- Computer Software: computer programs or data from a computer, such as Windows, Microsoft Office, etc.
What Are Unprotected Works?
Works not attributed to an original author and those not fixed in a tangible form are considered “common property” and, therefore, not protected under copyright law.
Examples of unprotected works:
- Titles: literary works, films, plays, poems, etc;
- Improvised Speeches: those given without formal preparation or those not recorded or fixed in writing;
- Familiar symbols: signs recognized by the majority of people but whose creators are unknown, for example, the peace sign, the yin and yang symbol, etc;
- Standard Calendars: tables or charts that shows the arrangement of days and months within a year;
- Concepts: ideas or thoughts that have not been fixed in tangible form such as in writing, on a recording, or in a film, etc.
The Legal Repercussions
Whereas plagiarism is considered a breach of literary and academic ethics, copyright infringement is not only unethical but also unlawful and, thus, a prosecutable offense. Yet, what one must bear in mind is that it’s entirely possible to be guilty of plagiarism without being guilty of copyright infringement and vice versa, just as it’s possible to be guilty of both.
Given the seriousness of both offenses, however, if one has any doubt whatsoever about whether or not to use certain information, download a tune or movie, or borrow material for a lecture or seminar, one would do well to recall the old adage: “Better safe than sorry.” In other words, if there is any doubt whatsoever, don’t do it.
Webster’s New World Dictionary (2006) New York: Simon & Schuster
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