Plagiarism checker software * * -- -- ____________________ Plagiarism Checker * Home -- -- * Home * Features + Plagiarism detection + Plagiarism checker reviews + Types of plagiarism + Is plagiarism illegal? + Plagiarism articles + Ask the Doctor... -- + Ask the Doctor... + Plagiarism pictures * Guides + Referencing guides -- -- + Referencing guides + Lesson plans + Free plagiarism workbook (PDF) * News * Privacy -- -- * News * Privacy * Plagiarism scanner -- Is plagiarism illegal? * You are here: -- -- * You are here: * Home * Is plagiarism illegal? [INS: :INS] -- -- [INS: :INS] Is plagiarism illegal? [INS: :INS] -- -- Introduction Any attempt to define ‘plagiarism’ uncovers that there are, in fact, many different definitions currently in usage, spanning a wide range of activities. Many of these definitions contradict each other. Moreover, -- -- activities. Many of these definitions contradict each other. Moreover, there is also evidence that a generation brought up using the Internet has very different views on what constitutes ‘plagiarism’. -- Plagiarism is usually seen as being ‘wrong’, ‘immoral’ or at least undesirable. However, as we shall see, some of these activities may be committed unintentionally and may in fact be a necessary step in the -- -- undesirable. However, as we shall see, some of these activities may be committed unintentionally and may in fact be a necessary step in the learning process. Furthermore, ‘plagiarism’ should not be confused with ‘copyright’, as what may be plagiarism is not necessarily copyright infringement. Thus while plagiarism is often ‘unlawful’ it may not always be ‘illegal’. For instance, several activities which constitute -- always be ‘illegal’. For instance, several activities which constitute ‘plagiarism’, such as the improper referencing of sources in student essays, may come under the defence of ‘fair use’ or ‘fair dealing’. Finally, this paper considers the criminal and civil penalties for -- -- essays, may come under the defence of ‘fair use’ or ‘fair dealing’. Finally, this paper considers the criminal and civil penalties for plagiarism, and the academic and professional penalties that can be imposed, as well as possible grounds for challenging findings of guilt. -- -- imposed, as well as possible grounds for challenging findings of guilt. SECTION ONE – TYPES OF PLAGIARISM Definitions -- -- Definitions The Merriam-Webster Online Dictionary defines ‘plagiarism’ as ‘to steal and pass off (the ideas or words of another) as one's own: to use (another's production) without crediting the source: to commit literary -- -- The word ‘plagiarist’ is derived from the Latin word ‘plagiarus’, meaning, ‘kidnapper’^3. Yet as we shall see, plagiarism does not need to involve dishonesty and can even be committed by mistake. As Evans -- to involve dishonesty and can even be committed by mistake. As Evans points out: ‘Everyone seems to know [plagiarism] is wrong... but few know how to completely define it’^4. -- -- know how to completely define it’^4. Oxford University states that plagiarism is ‘the copying or paraphrasing of other people’s work or ideas into your own work without full acknowledgement.’ This includes published and unpublished work^5. -- -- full acknowledgement.’ This includes published and unpublished work^5. It also includes ‘collusion’, i.e. the unauthorised working with others. The university states that students may be guilty of plagiarism even if they ‘genuinely ignorant of referencing conventions’^6. This -- even if they ‘genuinely ignorant of referencing conventions’^6. This suggests that ‘plagiarism’ is an all-embracing term that covers a huge variety of activities. -- -- variety of activities. Types of plagiarism The Harvard Guide to Using Sources^7 provides useful examples of -- -- unacceptable conduct. Many of these involve the practice of ‘cutting and pasting’ from electronic sources such as the Internet^8. The Guide divides plagiarisms into several different types. -- The first is ‘Verbatim plagiarism’. This is word for word copying from another source without placing the copied text in quotation marks and providing a clear citation, i.e. an acknowledgement of where the -- -- material came from. Another category is ‘Mosaic plagiarism’^9. This involves copying parts of another’s material but changing a few words here and there without placing the material in quotes or providing a citation. The Guide -- -- An example can be found in How Opal Mehta Got Kissed, Got Wild, and Got a Life, an unpublished novel Kaavya Viswanathan, which was found to contain numerous instances of plagiarism, notably from two previously published books by author Megan McCafferty^10. -- -- first in a long string of boyfriends got on.’^12 Here, mosaic plagiarism can be seen in the way certain words are changed while others are left unaltered. The result is very close to the original in its expression. -- -- the original in its expression. ‘Inadequate paraphrasing’ is a similar type of plagiarism where the student paraphrases but uses words which are too close to the original^13. The Harvard Guide states that even if you provide a -- -- student paraphrases but uses words which are too close to the original^13. The Harvard Guide states that even if you provide a citation, this is not enough to prevent plagiarism. The new passage must instead restate the original work using completely new words. The Guide suggests that students should make accurate notes of the original -- -- citation immediately afterwards^15. Other types of plagiarism can include providing inaccurate information about the sources in citations and using too many sources without enough interconnecting original material, with the result that the -- -- paper contains almost no original work^16. Another type of plagiarism is ‘self-plagiarism’. This is a practice mainly found among academics where the author recycles their own work, ‘dressing up’ old research to make it appear original and new^17, and -- -- Problems with definitions However, though examples of plagiarism are numerous, there is much disagreement about when the rules should apply. -- -- topics which a first year undergraduate may be ignorant of. Similarly, arts students tend to cite things differently than science students^19. This undermines any solid definitions of plagiarism. -- Another problem when defining plagiarism is that educational institutions’ plagiarism policies tend to give students more leeway in examinations. For instance, Yale College’s plagiarism guide states that for its purposes the term ‘plagiarism’ will be usually confined to coursework only^20. -- -- Administrators (an advisory body for institutions providing writing programs) takes the view that institutions should treat intentional and unintentional plagiarism differently^21. They state that if a student tries in good faith to acknowledge their sources but fails to do so properly, such as by misusing quotations marks, this should not be -- -- tries in good faith to acknowledge their sources but fails to do so properly, such as by misusing quotations marks, this should not be classed as ‘plagiarism’^22. In fact, they regard it as part of the natural learning process for students. They also state that using ‘common knowledge’ is acceptable. However this again does not address -- -- acknowledgment^24. This definition appears self-contradictory, as it recognizes that some institutions and even academic programmes define ‘plagiarism’ differently. What use then is the definition? Such definitions are unhelpful and serve only to confuse the issue. -- -- is part of the learning process, where students assimilate phrases, terminology and ideas to gain understanding of a particular subject. However she states that this is still plagiarism, regardless of whether the student acknowledges their sources^26. -- -- If that wasn’t enough for the student to contend with, there is evidence to suggest that the present generation of students views ‘plagiarism’ differently from previous generations. In American colleges 68% of all students admit cutting and pasting from the Internet without giving acknowledgments^27. Blum suggests that this -- -- forms part of a cultural pattern. McCabe and Trevino also note that this ‘may be due to a changing definition among students of what constitutes plagiarism’, particularly when it comes it paraphrasing^28. Blum says: ‘Contemporary students are swimming in a sea of texts’^29. -- -- Contrasted to this, the academic world has strict rules on referencing even when direct quotations are not used. This may explain the rise in the amount of plagiarism seen in colleges and universities recently. Conclusion -- -- We have seen that is difficult, if not impossible, to precisely define ‘plagiarism’. It can encompass a wide variety of activities, not all of which involve professional ‘cheating’. Unintentional plagiarism can also be committed. However there is disagreement between educational institutions ad advisory bodies on what should be classed as -- -- also be committed. However there is disagreement between educational institutions ad advisory bodies on what should be classed as ‘plagiarism’. A problem for students is that some disciplines and forms of assessment are more stringent than others. Also, plagiarism is in some ways part of the learning process, and even a cultural norm in the digital age. Therefore it may be very difficult for the student to spot -- -- some ways part of the learning process, and even a cultural norm in the digital age. Therefore it may be very difficult for the student to spot when they are plagiarizing another’s work. -- Copyright symbol SECTION TWO – Plagiarism v Copyright UK law -- -- to exploit a work^30. The Copyright Designs and Patents Act 1988 (CDPA 1988) governs UK copyright law. One of the main differences between copyright and plagiarism is that copyright generally does not protect ideas, only the expression of those ideas. However this distinction is not as clear cut as it sounds. -- -- What is copyright? Plagiarism covers a variety of material. It includes academic papers, professional publications, works of fiction and even scientific formulae. In short, where there is any potential for the use of -- -- recorded in some permanent form, such as in writing^42. Another major difference between plagiarism and copyright is that copyright only lasts for a fixed period. For original works this is seventy years from the death of the author^43, while for sound -- -- arrangements last for twenty-five years^45. If a work’s copyright expires it becomes ‘public domain’ and can be used freely without a licence. By contrast, plagiarism is not concerned with whether a source is public domain or not, but whether it has been adequately referenced. -- -- Infringement Plagiarism policies and copyright law both cover a wide variety of activities. However copyright law is more rigid, in that it sets out what activities may constitute copyright infringement. -- -- work to the public, adapting the work or authorizing any of these acts to be done without a licence There is no need to show any intention on the part of the infringer. Therefore, as with plagiarism, infringement may be unintentional. -- -- author^46, or joint authors if there are more than one^47, of by the author’s employer if the work was created during the course of their employment^48. This is unlike plagiarism, where it does not matter whether the original author consents. Indeed, ‘collusion’ with someone -- whether the original author consents. Indeed, ‘collusion’ with someone else to produce a piece of work may be plagiarism in itself^49. How much can be copied? -- -- How much can be copied? Plagiarism policies allow for some copying provided that any text lifted from the original is surrounded in quotation marks and referenced properly^50. Similarly, you can legally copy material from a -- -- that the work must originate from its creator and not be copied from somewhere else^54. One of the consequences of this is that facts cannot generally be protected. This contrasts with plagiarism, which suggests that it is the failure to say where the facts came from that incurs a penalty^55. -- -- Sufficient acknowledgment Plagiarism is concerned with originality of work. For instance, plagiarists who recycle old ideas are criticized for undermining the pursuit of original knowledge and enriching themselves, sometimes at -- -- Publication: does it matter? Plagiarism does not require anything to be made public. However, except for ‘copying’, copyright infringement must involve the work being made available to the public^59. Bainbridge notes that the approach courts -- -- Ideas v Expression Another major difference between plagiarism and copyright infringement is that copyright generally protects only the expression of the work, -- is that copyright generally protects only the expression of the work, not the ideas behind it. Plagiarism however, can be committed by stealing ideas as well as by copying text. -- -- Saunders states that this means that an academic can copy ideas from someone else’s work, as long as he presents them in an original way. Such behaviour may be plagiarism, but it is not copyright infringement^63. -- -- copyright infringement^74. Therefore if you reproduce a section of an original work without crediting the author, you may also violate this right as well as commit plagiarism. Under s.80(1) CDPA 1988, an author or director also has a right to -- -- Conclusion Therefore copyright infringement in the UK differs from plagiarism in that only certain works are protected for a limited duration. Infringement also requires that the amount used from the copyright work -- -- family^87. This is all very different from the position regarding plagiarism, where it does not matter if the work is public domain or not. -- -- Moral Rights in the US are much more limited than in the UK, and are of little assistance to the copyright owner in preventing plagiarism. Authors in the US have rights of paternity and integrity similar to -- -- unscripted portions of the film are written down verbatim. Such use may well not infringe copyright. This is, of course, different to plagiarism, which includes non-literal copying from any source. There must also be ‘substantial similarity’ between the infringing copy -- -- to reproducing or exhibiting work, communicating work to public, and falsely attributing work to the author. This covers all possible forms of plagiarism and may be an alternative remedy to infringement for plagiarized authors. However these rights are more limited than in English law. The rights -- -- i) ‘ILLEGAL’ v ‘UNLAWFUL’ Plagiarism may be unlawful, but it is not necessarily illegal. Although these two terms are often used interchangeably, they do have different technical meanings. “Illegal” has been defined as an act’ which the law -- -- Therefore to infringe copyright is to violate law and commit an ‘illegal’ act. However while plagiarism is considered unethical, it is not ‘illegal’ unless it also infringes copyright or some other rule of law. -- -- law. In fact, some plagiarisms may not even be unlawful, as even plagiarized work is capable of subsisting in copyright. A plagiarized essay still qualifies as a literary work under the CDPA 1988 even if it has not been created to academic standards. The plagiarist would still be able -- -- students. For purely academic work, the UK law does not require that source material be acknowledged. However this will not protect students from allegations of plagiarism. Someone writing an essay or journal article may claim they are writing -- -- Conclusion Plagiarism is therefore be illegal only if it infringes copyright or some other law. Even infringement may be lawful if it amounts to ‘fair use’ or ‘fair dealing’. The UK law provides little certainty on the -- -- This makes cases hard to predict in the UK and the US. SECTION SIX – CONSEQUENCES OF PLAGIARISM i) CRIMINAL OFFENCES -- -- i) CRIMINAL OFFENCES If plagiarism involves a violation of copyright law, the infringer may commit criminal offences. -- -- dishonestly make a representation with a view to causing gain or loss to anyone^176, for instance, if an academic secures a publishing advance for an original article but delivers a plagiarized version. Australia -- -- where the origins of a work have been deliberately disguised, such as by removing copyright notices or modifying it so it cannot be recognized^187. This may apply to plagiarized written work. Australia -- -- Even if a plagiarist escapes civil or criminal sanctions, they may still face serious consequences. Plagiarism can result in the cancellation of publishing contracts. When Kaavya Viswanathan’s novel How Opal Mehta Got Kissed, Got Wild, and Got a Life was found to have -- -- cancellation of publishing contracts. When Kaavya Viswanathan’s novel How Opal Mehta Got Kissed, Got Wild, and Got a Life was found to have plagiarized several works, including those by Megan McCafferty and Salman Rushdie , the publishers cancelled her publishing contract ^198. The publisher may also ban the author in the future and withdraw copies -- -- author to provide a warranty that their work is original^200 Plagiarism can cause severe embarrassment and damage the copier’s career and good standing in the academic community. The publisher may complain to the academic’s departmental head, resulting in internal -- -- governed by the Human Rights Act 1998, which enshrines the European Convention on Human Rights into UK law^206. University Disciplinary Committees decide what penalties to impose on students for plagiarism. These are distinct from Examination Boards, which grade students based on their academic performance. Disciplinary Committees are subject to -- -- In one recent case, a student accused his university of negligence for failing to bring plagiarism to his notice. Michael Gunn sued the University of Kent for failing him for plagiarism days before he was due to graduate, having said nothing about this while he carried on his studies^211. Universities have also been ordered to pay compensation -- -- studies^211. Universities have also been ordered to pay compensation for changing a student’s grade after they have graduated on grounds of plagiarism^212. -- Plagiarism policies may discriminate against students from overseas. The JISC recognizes that for some students, such as those who are home-schooled, reproducing large amounts of text is a way of showing -- -- under the Human Rights Act 1998. Many academic institutions also utilize plagiarism detection sites and software such as Turnitin.com, WriteCheck.com, and -- software such as Turnitin.com, WriteCheck.com, and plagiarismchecker.net. In the USA, their use has already sparked a court case. In AV v iParadigms LLC^217, high school students in Virginia and Arizona sued Turnitin.com’s owners, iParadigms. The -- -- We have seen that is difficult, if not impossible, to precisely define ‘plagiarism’. Also, plagiarism is in some ways part of the learning process, and even a cultural norm in the digital age. Copyright -- process, and even a cultural norm in the digital age. Copyright infringement and plagiarism are not the same thing, and one may be a plagiarist without infringing copyright, and vice versa. While there are broad similarities between UK, US and Australian law, ideas are -- -- are broad similarities between UK, US and Australian law, ideas are generally less well protected in the US and Australia. Also, moral rights are much weaker in these two countries. Plagiarism is not always illegal, thanks to defences such as ‘fair use’. However what is ‘fair’ can be very hard to pin down, and the potential infringer would be well -- -- advised to always err on the side of caution. There are severe criminal and civil penalties for commercial copyright infringement, and plagiarism can also have damaging academic and professional consequences. However, in a culture that is becoming increasingly reliant upon digital sources of freely available information, the next -- -- reliant upon digital sources of freely available information, the next generation of scholars may well have very different ideas about what is ‘plagiarism’. One answer would be to change the way university courses are taught, placing less reliance on traditional essay-writing, which encourages students to reproduce taught information in a slightly -- -- encourages students to reproduce taught information in a slightly different form. Instead universities appear to be resorting to technology themselves to stamp out plagiarism. Whether these methods are legal themselves remains to be seen. -- -- Blum, S, My Word! Plagiarism and College Culture, Cornell University Press, New York, 2009 -- -- International: The Netherlands, 2010 Carroll, J and Appleton, J, Plagiarism: A Good Practice Guide, 2001, retrieved 7 November 2012, -- -- The Council of Writing Program Administrators, Defining and Avoiding Plagiarism: The WPA Statement on Best Practices, 2003, retrieved 7 November 2012, Deazley, R, ‘Copyright in the House of Lords: recent cases, judicial -- -- reasoning and academic writing’ IPQ, no.2, 2004, pp.121-137 Evans, R, ‘The New Plagiarism in Higher Education`, 2000, retrieved 14 May 2001, -- -- 054> Howard, R, ‘Plagiarisms, Authorships, and the Academic Death Penalty.’ College English, vol. 57, no.7, 1995, pp. 708-36 -- -- College English, vol. 57, no.7, 1995, pp. 708-36 King, R, Understanding Copyright Law, Fair Use, Plagiarism and Public Domain, King & Associates, Arizona, 2012 (e-book). -- -- The Lawbook Exchange, New Jersey, 1997 Merriam-Website Online Dictionary, Plagiarize, 2012, retrieved 7 November 2012, Oxford University, Academic Guidance, 2012, retrieved 7 November 2012, -- -- plaints-against-universities-soar-by-a-fifth.html>. Plagiarism.org, Types of Plagiarism, 2012, retrieved 21 November 2012, The Quality Assurance Agency for Higher Education, Code of practice for -- -- 2012, pp.54-60 Saunders, J, ‘Plagiarism and the law: a guide to plagiarism and the law’, Blake Lapthorn Tarlo Lyons, 2007, retrieved 21 November 2012, -- law’, Blake Lapthorn Tarlo Lyons, 2007, retrieved 21 November 2012, Stanford University Libraries, Copyright and Fair Use, 2010, retrieved -- -- pp.214-218 Yale College, Definitions of Plagiarism, Cheating, and Documentation of Sources, 2012, retrieved 7 November 2012, -- Sources, 2012, retrieved 7 November 2012, -- -- In-text references 1 Merriam-Website Online Dictionary, Plagiarize, 2012, retrieved 7 November 2012, . 2 J Swannell ed. The Little Oxford English Dictionary, 6th edn, Oxford -- -- Harlow 2010, p.29. 4 J Evans, ‘The New Plagiarism in Higher Education`, 2000, retrieved 14 May 2001, . -- -- 15 Ibid. 16 Plagiarism.org, Types of Plagiarism, 2012, retrieved 21 November 2012, . 17 R Attwood, ‘Allow me to rephrase, and boost my tally of articles’, -- -- de=402598>. 18 J Carroll and J Appleton, Plagiarism: A Good Practice Guide, 2001, retrieved 7 November 2012, , p. 14. -- -- 19 Ibid. 20 Yale College, Definitions of Plagiarism, Cheating, and Documentation of Sources, 2012, retrieved 7 November 2012, -- of Sources, 2012, retrieved 7 November 2012, . -- -- 21 The Council of Writing Program Administrators, Defining and Avoiding Plagiarism: The WPA Statement on Best Practices, 2003, retrieved 7 November 2012, p.1. 22 Ibid, p.2. -- -- 24 Ibid. 25 R Howard, ‘Plagiarisms, Authorships, and the Academic Death Penalty.’ College English, vol. 57, no.7, 1995, pp. 708-36. -- -- 26 Ibid. 27 S Blum, My Word! Plagiarism and College Culture, Cornell University Press, New York, 2009, p.1. -- -- de=402598>. 57 J Saunders, ‘Plagiarism and the law: a guide to plagiarism and the law’, Blake Lapthorn Tarlo Lyons, 2007, retrieved 21 November 2012, -- law’, Blake Lapthorn Tarlo Lyons, 2007, retrieved 21 November 2012, , p.2. 58 [2007] EWCA Civ 247. -- -- 86 Ibid. 87 R King, Understanding Copyright Law, Fair Use, Plagiarism and Public Domain, King & Associates, Arizona, 2012 (e-book). -- -- Features * Plagiarism detection * Plagiarism checker reviews * Types of plagiarism * Is plagiarism illegal? * Plagiarism articles * Ask the Doctor -- * Ask the Doctor * Plagiarism pictures * Plagiarism scanner (BETA) Guides -- -- * Referencing guides * Lesson plans * NEW: Free plagiarism workbook (PDF) About -- -- About PlagiarismChecker.net is the free website for plagiarism software, reviews, articles, lesson plans and commentary on detection methods. -- -- XML | TXT | HTML | ROR | Images © Copyright 2015 by PlagiarismChecker.net. 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