Copyright & Plagiarism Transcript
Copyright & Plagiarism
Welcome to RIT Library's Copyright and Plagiarism tutorial. If you have
not completed the short, Preliminary
Exercise, please take a few minutes now to read through the three scenarios
in the Exercise and check the answers that seem most appropriate. There may
be more than one response to each, so check off as many as you feel fit the
situation.
Were you surprised at the correct answers in the Preliminary Exercise? In on-campus
courses, it is rare if class participants get all the answers correct in the
first two exercises. Let's continue with the tutorial.
Table of Contents
This online tutorial attempts to define some of the often-confusing terms associated
with copyright. We will also be defining plagiarism and show you how to avoid
it.
Copyright / Plagiarism Resource Website
Here is a screen shot and the URL of the Copyright
and Plagiarism Web site that will be referred to throughout the presentation.
Copyright - set of laws
Let's define copyright. There are many definitions of copyright. This one is
particularly good because it is the original definition and wording from the
United States Constitution. The Constitution's authors' intention was to promote
science and the arts to enrich our culture. By protecting inventors' and authors'
rights to earn a living and receive credit through copyright laws, creative
people would be willing to invent, write, and create works.
U. S. Copyright Law is delineated in Title 17 of the U. S. Code, located on
the Library's Copyright and Plagiarism Web site.
Look now at the NOTE at the bottom of the screen. Two additional factors are
mentioned here. Copyright protection begins as soon as a work is put into
a fixed format. Registration is not required. Consider the first scenario
in our preliminary exercise; the student is eligible for copyright protection,
even though she has not officially registered the computer program, as it is
in a fixed format. It may be hard to prove that her program existed prior to
the thief's version and legal suit would have to be made to establish rights.
Having a right and being able to establish it could be difficult. Registration
enables the creator to prove ownership.
What is Copyrightable?
What is copyrightable? According to the definition, it must be "original," something
unique or the first of its kind, and it must be in a tangible format. It can
be a word, words, symbol, music, picture, three dimensional object or a combination.
Note that the citation listed at the bottom of this screen refers to the original
world copyright convention in 1886. Some of our intellectual property formats
have expanded but they still fit within these broad guidelines.
Specific Examples
Listed on the next 2 slides are examples of items that are copyrightable: books,
articles, pamphlets, photographs, graphics, music, video, software and trademarks.
It is irrelevant what length the item is or what form it takes. Purpose is not
a factor; it can be for entertainment, education or profit, be fiction or non-fiction,
published or unpublished. The important factors are originality and that the
product is in a tangible form.
Proper Use of Copyrighted Materials
The next set of terms deals with proper use of copyrighted items. By permission
refers to the right given by the creator for use of his / her work. It usually
needs to be requested and given in writing. There is a link on the Copyright/Plagiarism
Web to Request Permission including a sample letter. Permission often
comes with specified restrictions. Open permission refers to a sign off policy
related to specific use. An example of an open permission system is our system
for use of RIT theses. When a thesis becomes part of the Library's Archive collection,
the author signs a form (which is kept with the thesis), stating the use level
for the thesis. It can be copied as desired; the viewer may have to write for
permission to copy, or whether it can be copied at all. Open permission refers
to the first of these three options. This permission is limited to copying.
Credit is still expected, so the user needs to cite the source.
Licensing is a way of making the user of material aware of who holds
a copyright and what the use restrictions are for that material. A license can
be a signed agreement or it can be agreed to by breaking the shrink-wrap on
a product or clicking on an agreement screen before getting online access to
a product or material. Once you break open a software package or click on an
agreement screen you are liable for adhering to that agreement by law. Always
read the fine print!
Citing the source or creator of a work is the proper method to use when
incorporating graphics or words into your work. This method has been used for
over a century as a legitimate means of using the ideas and words of an author
in a new work. In the context of photographs or diagrams, written permission
as well as a citation may be required, especially if the use is for profit.
Fair Use is a set of guidelines that provide exceptions to the exclusive
rights of copyright holders.
Before we look at Fair Use, let's take a look at 2 terms associated with material
that is not copyrighted, free use and public domain.
Free use material is that which has unrestricted access and use. Some
examples are open computer source code and government information. Open source
code, such as the Linux operating system, was created to be universally used.
Government information belongs to the public and is collected and disseminated
for public use. Individuals often post information on the Web to make it available
to everyone. However, just because something is on the WWW does not mean it
is free to use or in the public domain. Since original work is automatically
copyrighted, look to see if there is a permission to use statement. If
none is available and it does not say it is free to use, then you need to assume
that it is copyrighted and handle accordingly.
Public Domain
Public domain material is that for which the copyright has expired. A few
facts are listed on this page, but a more complete chart explaining the date
restrictions of copyright is available on the RIT Library's Copyright &
Plagiarism Web pages under the link, Public Domain. A work published
after 1977 is copyrighted for the life of the author plus 70 years. Works created
prior to 1923 are in the public domain, so there is no need to contact the author
/ publisher / creator to use material in the public domain. It is still customary,
however, to cite the work, giving the creator credit. Citing also provides a
citation trail for researchers to follow when viewing bibliographies.
Fair Use
Exceptions to copyright law under the Fair Use clause are limited.
Purpose is the foremost reason for an exception. Copyrighted material
can be used for educational purposes under certain circumstances. An example
of this is the ability to photocopy a page, an article or chapter of a book.
One copy may be made for personal research use. A student may request a copy
through interlibrary loan; a faculty member may make a copy for each student
in the class ONLY if done serendipitously; an article may be made available
electronically for a class to read. However, the electronic article is password
protected so that only the class (a finite group) has access, not the whole
world. Wallace's E-Reserves is a good example of protecting intellectual property
in an online environment. Another example is using images in class assignment
presentations. Care must be exercised if the assignment is displayed on the
Web. If it is available to the "world" permission must be specifically granted
OR the presentation must be password protected for class use. These examples
only deal with copying an item; credit still needs to be given to the creator
for use of the item in one's own work. Commercial use of material does not qualify
as an exception. Any use resulting in profit for anyone other than the creator
is unlawful.
The nature of the work can also be an exception. Factual data, such
as the weather or phonebook listings, may be used without permission. However,
if that data is repackaged in a creative format, permission may be required.
The more creative a work, the more narrow are the Fair Use parameters.
The substance or portion of a work may be an exception. Again, an example
of this is in the amount / type of use involved. Using a portion of a creative
work may be acceptable, especially in the educational milieu, as long as the
work cannot be viewed by the "world." If profit is a factor, the creator must
be contacted for permission. If permission is not granted, no use.
The last and most important of the exceptions, because it entails money and
notoriety, refers to the effect of the use on the market by using a work.
If the use of the material in any way effects the creator's potential market
or credit to the creator, it is not allowed without permission. Always get permission
in writing. The second scenario in the Preliminary Exercise regarding the author's
writing / discoveries being plagiarized is an example of this. By credit not
being given to the original researcher, the author's book sales fell and his
reputation was diminished.
If in doubt about exceptions to using copyrighted materials, refer to the 4
points in the Fair Use clause to determine your ethical and legal boundaries.
If still unsure, ask your instructor or librarian.
Plagiarism - act of copyright infringement
Now that you have an understanding of copyright issues, let's take a look at
plagiarism. Plagiarism is the act of copyright infringement, that is,
using another person's work without giving credit or obtaining permission. It
is tantamount to stealing. In the Preliminary Exercise, you saw where each scenario's
answers reflected a lack of credit to the creator. In those examples, the plagiarizers
were attempting to sell another's work.
The concept of common knowledge is an exception to giving citation credit.
A commonly known fact does not need to be documented. The fact that George Washington
crossed the Delaware during a battle in the Revolutionary War does not need
to be documented. However, the description or interpretation given to that event
by a particular author does need to be cited. Keep in mind the concept of value
added. U.S. government data is not copyrighted and can be used without requesting
permission or paying a royalty. A publication or database that interprets that
data or adds explanations can be copyrighted. Government data is generally cited
to provide authority, not because it is copyrighted.
Methods of Plagiarism
Plagiarism is done in various ways, some of which may be unintentional. People
plagiarize by, lifting all or part of another's work, incorrectly paraphrasing,
paraphrasing without proper documentation and, misusing quotes. All of these
methods are much easier today with electronic copy and paste features, online
thesauri, term paper Web sites, and the wealth of information available. The
most common pitfalls are incorrect paraphrasing and citing. Let's nowtake a
look at a document that demonstrates paraphrasing and summarizing.
Paraphrasing Exercise
Please refer to the Paraphrasing
worksheet to learn more about correct paraphrasing. There are moreparaphrasing
tutorials on the Copyright / Plagiarism Web site.
Methods of Detection
Today there are a variety of methods used in detecting plagiarism. A common
misconception is that a faculty member does not know his/her field of study.
Faculty members are usually very knowledgeable on assigned topics and familiar
with available sources. An assignment may be designed with specific requirements.
If the project requirements are not fulfilled, such as a specific number and
types of resources to be used, a unique format, reference annotations or a separate
outline turned in earlier in the quarter, differences between the final paper
and its requirements may send up red flags for investigation.There are also
commercial and educational organizations developing paper-tracking systems to
detect plagiarism. RIT Library is working with RIT faculty to provide access
to Plagiarism.org. However, the Library prefers to instruct students on ways
to avoid plagiarism by raising awareness of paraphrasing and citing methods,
as in this tutorial.
When in Doubt - Cite
The last major tool used to avoid plagiarism is reference citation. Several
citation formats have been designed to assist you in documenting the materials
you use. Your instructors will tell you which format they want you to follow.
APA and MLA are the predominate formats used at RIT. The Library has books,
paper / online guides detailing these and other formats. Compile your bibliography,
or list of references, in the required format as you do your research. It will
save you time and effort when it comes to writing the paper. If you are unsure
about any of the copyright and plagiarism information, ask your instructor or
a librarian. Aside from coming to the reference desk, listed here are other
means of contacting librarians. You may also want to go to our Copyright & Plagiarism
Web site for further information, the text of laws, or self-help exercises at
http://wally.rit.edu/instruction/dl/copyplag.html
I hope this copyright and plagiarism tutorial has been useful to you.
Maintained by: Marianne Buehler
| 
