PLAGIARISMPLAGIARISM

““There is much difference between There is much difference between imitating a man and counterfeiting imitating a man and counterfeiting him.”him.”

Benjamin FranklinBenjamin FranklinDefine imitate and counterfeitDefine imitate and counterfeit

© 2007 Department of Instructional Media, Shawnee Mission Schools© 2007 Department of Instructional Media, Shawnee Mission Schools

PropertyProperty

Property Law

Real Property

Personal Property

Intellectual Property

Intellectual PropertyIntellectual Property

IntellectualProperty

Trademark PatentCopyright

(Plagiarism)

Plagiarism Plagiarism

• From the Latin term “plagium” which means kidnapping.

• The act of taking someone else’s ideas, writing, or intellectual property and presenting it as your own with the intent to defraud.

• Joe Biden’s run for the presidency was derailed by using a speech from Neil Kinnock, British Labor Party leader, without crediting him.

Plagiarism Plagiarism in Education in Education

•Form of cheatingForm of cheating•Academic dishonesty and deceitAcademic dishonesty and deceit•Fooling a reader into believing that Fooling a reader into believing that certain written material is original when certain written material is original when it is not. it is not. •Serious and punishable academic Serious and punishable academic offense, when the goal is to obtain offense, when the goal is to obtain some sort of personal academic credit some sort of personal academic credit or personal recognition.or personal recognition.

Three Types of PlagiarismThree Types of Plagiarism

• Failing to cite quotations and Failing to cite quotations and borrowed ideasborrowed ideas

• Failing to enclose borrowed language Failing to enclose borrowed language in quotation marks in quotation marks

• Failing to put summaries and Failing to put summaries and

paraphrases in your own words paraphrases in your own words

Simply put,Simply put, plagiarism is . . . plagiarism is . . .

Failure to give credit to the author, Failure to give credit to the author, creator, artist creator, artist

OROR

Leading your Leading your “audience” to believe “audience” to believe

the creative work is yours.the creative work is yours.

Copyright vs. PlagiarismCopyright vs. Plagiarism

• Not a legal termNot a legal term

• Academic “crime”Academic “crime”

• Claiming or appearing to Claiming or appearing to claim ownership of someone claim ownership of someone else’s creative workelse’s creative work

• Not punishable by the Not punishable by the government, but may government, but may be by academic be by academic sanctions sanctions

• Legal termLegal term

• Civil crimeCivil crime

• Unauthorized use of Unauthorized use of someone else’s someone else’s creative workcreative work

• Monetary damages Monetary damages for infringementfor infringement

Consider a car . . .Consider a car . . .

Using it without Using it without your permission or your permission or in a way that in a way that disrespects your disrespects your ownershipownership

Disregarding your Disregarding your ownership by acting ownership by acting as if is it’s mineas if is it’s mine

Copyright Copyright InfringementInfringement

PlagiarismPlagiarism

Penalties Penalties

COPYRIGHTCOPYRIGHTINFRINGEMENTINFRINGEMENT

Fines up to $250,000 Fines up to $250,000 or moreor more

InjunctionsInjunctions

SeizureSeizure

Court CostsCourt Costs

PLAGIARISMPLAGIARISM

Middle SchoolMiddle School

High SchoolHigh School

CollegeCollege

Professional Professional

Can a single act be BOTH Can a single act be BOTH copyright infringement copyright infringement

AND plagiarism?AND plagiarism?

If you have not credited the If you have not credited the source of your work, you may source of your work, you may have also violated the rights have also violated the rights

of the copyright holder as of the copyright holder as owner of the work.owner of the work.

Words of Words of Thomas JeffersonThomas Jefferson

TJTJ

• Quoting the original text without citation Quoting the original text without citation is plagiarism (not crediting the source) is plagiarism (not crediting the source)

• The original text has passed into public The original text has passed into public domain.domain.

• Quoting the original text without citation Quoting the original text without citation is not copyright infringement (no longer is not copyright infringement (no longer “owned” by Jefferson.)“owned” by Jefferson.)

Words ofWords ofCoretta Scott KingCoretta Scott King

Remarks, press conference on the introduction of Remarks, press conference on the introduction of ENDA, Washington, DC, ENDA, Washington, DC,

June 23, 1994.June 23, 1994.

CSKCSK

• The original text is automatically The original text is automatically protected by the copyright law until protected by the copyright law until 2066 (life plus 70).2066 (life plus 70).

• Quoting the original text without citation Quoting the original text without citation is plagiarism (not crediting source). is plagiarism (not crediting source).

• Quoting the original text without citing is Quoting the original text without citing is ALSO copyright infringement because ALSO copyright infringement because the work is under copyright protection the work is under copyright protection until 2066. Right of duplication/copying until 2066. Right of duplication/copying is violated.is violated.

FOR FOR ANYANY USE OF THE WORKS, USE OF THE WORKS, WORDS, IDEA OF ANOTHER WORDS, IDEA OF ANOTHER

PERSON . . .PERSON . . .

. . . the source MUST be . . . the source MUST be cited to avoid plagiarism cited to avoid plagiarism

and, for more recent and, for more recent works, copyright works, copyright

infringement.infringement.

What if I want to use or What if I want to use or reference a work in my project reference a work in my project

that is not my own?that is not my own?

ParaphraseParaphrase

Parody Parody

Public DomainPublic Domain

Fair UseFair Use

PermissionPermission

Paraphrase Paraphrase

ParaphraseParaphrase

• Paraphrasing is a way to share someone Paraphrasing is a way to share someone else’s work without “stealing” their else’s work without “stealing” their intellectual property (copyright intellectual property (copyright infringement).infringement).

• The material must be stated in your own The material must be stated in your own words. When the original and your words words. When the original and your words are put side by side, they must be are put side by side, they must be distinctly different. distinctly different.

• You must cite the work paraphrased or it You must cite the work paraphrased or it is plagiarism.is plagiarism.

ParaphrasingParaphrasingand Copyright and Copyright

• Making a copy is the exclusive right of a Making a copy is the exclusive right of a copyright holder.copyright holder.

• Adaptation (changing) or a derivative Adaptation (changing) or a derivative work, is the exclusive right of a work, is the exclusive right of a copyright holder. This violation would copyright holder. This violation would occur is the words were changed occur is the words were changed (paraphrased) and the sources NOT (paraphrased) and the sources NOT cited.cited.

ExampleExample

Refrain from inquiring what the Refrain from inquiring what the nation can accomplish for the nation can accomplish for the individual, inquire what the individual, inquire what the individual can accomplish for the individual can accomplish for the nation.nation.

Who should be cited for this Who should be cited for this paraphrase?paraphrase?

PARODYPARODY

Parodies allowed if . . . Parodies allowed if . . .

• Obvious spoof; disclaimer helpfulObvious spoof; disclaimer helpful• Reproduction is no more of the Reproduction is no more of the

original than necessary to original than necessary to reference it in the minds of readersreference it in the minds of readers

• The market value of the original The market value of the original work is not destroyed. Who gets to work is not destroyed. Who gets to decide this?decide this?

• Citation necessaryCitation necessary

ExampleExample

Weird Al YankovicWeird Al Yankovic

http://video.google.com/videoplay?docid=8191780737516712253

PUBLIC DOMAINPUBLIC DOMAIN

What is in the What is in the Public Domain?Public Domain?

• Work created by federal government agenciesWork created by federal government agencies• Works published before 1923 Works published before 1923

(original manuscripts)(original manuscripts)• Works published between 1923 and 1978 that Works published between 1923 and 1978 that

do not have a notice and were therefore not do not have a notice and were therefore not renewed.renewed.

• Works to which the owner freely granted Works to which the owner freely granted rights to the public domainrights to the public domain

• Citation requiredCitation required

ExampleExample

NASA NASA

Original Shakespeare Original Shakespeare ManuscriptManuscript

FAIR USEFAIR USE

Defined by . . .Defined by . . .

• USE as commercial or educationalUSE as commercial or educational

• NATURE of material (music, print)NATURE of material (music, print)

• AMOUNT used as it relates to wholeAMOUNT used as it relates to whole

• EFFECT on market or valueEFFECT on market or value

• CITATION REQUIREDCITATION REQUIRED

Educational (Multimedia) Fair Use of Copyrighted Educational (Multimedia) Fair Use of Copyrighted

Materials in Classroom ProjectsMaterials in Classroom Projects

• MOTION MEDIAMOTION MEDIA 10% or 3 minutes*10% or 3 minutes*

• TEXTTEXT10% or 1000 words*10% or 1000 words*

• MUSICMUSIC 30 seconds from a single source30 seconds from a single source

• ILLUSTRATIONS/PHOTOSILLUSTRATIONS/PHOTOS 5 images single/ 10% collective5 images single/ 10% collective• DATA SETSDATA SETS 10%10%

• Except for an application portfolio, you Except for an application portfolio, you are only allowed to make 2 copies of are only allowed to make 2 copies of your project.your project.*Whichever is less*Whichever is less

ExamplesExamples

• Internet articlesInternet articles• WebsitesWebsites• Music Music • LyricsLyrics

PERMISSIONPERMISSION

When is permission needed to When is permission needed to use copyrighted materials?use copyrighted materials?

• To copy (music)To copy (music)

• Beyond fair useBeyond fair use

• Distribution beyond the classroom settingDistribution beyond the classroom setting

• Citation and “used by permission” Citation and “used by permission” needed even if permission granted.needed even if permission granted.

THINK IT THROUGHTHINK IT THROUGH

Given an original creative work by Given an original creative work by

a Shawnee Mission student . . .a Shawnee Mission student . . .

• Is it copyrighted?Is it copyrighted?• When was it copyrighted?When was it copyrighted?• Who is the copyright owner?Who is the copyright owner?• What rights does the owner have?What rights does the owner have?

If this entire work is used by another If this entire work is used by another student without citation, student without citation,

would it be . . .would it be . . .

• Cheating?Cheating?

• Plagiarism?Plagiarism?

• Copyright Infringement?Copyright Infringement?

It would be all three.It would be all three.

• To deceive by trickeryTo deceive by trickery

• Lead the audience to believe it was my workLead the audience to believe it was my work

• Violate the right of making a copy which belongs to the Violate the right of making a copy which belongs to the copyright holdercopyright holder

A final word on plagiarism . . . A final word on plagiarism . . .

“ “Don't worry about people stealing your ideas. If your Don't worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down ideas are any good, you'll have to ram them down people's throats.” people's throats.” Howard Aiken, “Father” of the Computer AgeHoward Aiken, “Father” of the Computer Age