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Different shades of grey

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1 Different shades of grey
the arts of plagiarism Paul Kleiman PALATINE Higher Education Academy Subject Centre for Dance, Drama and Music Lancaster University

2 Right: Glenn Brown (2000) ‘The Loves of Shepherds’, Turner Prize entry
Left: Book cover illustration by Anthony Roberts for Robert Heinlein (1970) ‘Double Star’ Right: Glenn Brown (2000) ‘The Loves of Shepherds’, Turner Prize entry

3 WARNING PLAGIARISM CAN SERIOUSLY DAMAGE YOUR ACADEMIC HEALTH
Plagiarised Plagiarised WARNING PLAGIARISM CAN SERIOUSLY DAMAGE YOUR ACADEMIC HEALTH Original but derivative

4 “The outcome of this debate is that everyone now believes that there are many shades of opinion allowable in the sleazy world of the plagiarist: there aren’t it’s wrong—end of debate” Contribution to the Jiscmail Plagiarism discussion list

5 “I realised that I really ought to start worrying when they STOP copying me!”
(Ron Arad, Designer/Architect, 2010)

6 Creative property … has many lives—the newspaper arrives at our door, it becomes part of the archive of human knowledge, then it wraps fish. And, by the time ideas pass into their third and fourth lives, we lose track of where they came from, and we lose control of where they are going. The final dishonesty of the plagiarism fundamentalists is to encourage us to pretend that these chains of influence and evolution do not exist, and that a writer’s words have a virgin birth and an eternal life. (Gladwell, 2004)

7 500 years of plagiarism creative borrowing

8 The Judgment of Paris, ca
The Judgment of Paris, ca. 1510–20 Raphael (Raffaello Sanzio or Santi) (Italian, Marchigian, 1483–1520)

9 The Judgment of Paris, ca. 1510–20 Marcantonio Raimondi (Italian, ca
The Judgment of Paris, ca. 1510–20 Marcantonio Raimondi (Italian, ca. 1480–before 1534); Designed by Raphael (Raffaello Sanzio or Santi) (Italian, Marchigian, 1483–1520)

10 Marco Dente da Ravenna (Italian, active 1515-1527)
The Judgment of Paris, ca. 1520, engraving after Raimondi after Raphael (photo: Phil)

11 Manet, Edouard Le Déjeuner sur l'herbe 1863; Luncheon on the Grass; Musee d'Orsay; Oil on canvas, 81 x 101 cm

12 Advert for Aga Cookers 1935

13 Pablo Picasso Le déjeuner sur l'herbe (d'après Edouard Manet), 1960 © Succession Picasso 2003

14 BOW WOW WOW Album cover ‘See Jungle! ’ (1981)

15 2001 2005 Images from: There are few intellectual offences more serious than plagiarism in academic and professional contexts. (OWL, 2008)

16 Peter Bialobrzeski Shanghai, 2001 Horst Zielske, Daniel Zielske Megalopolis Shanghai, 2008 There are few intellectual offences more serious than plagiarism in academic and professional contexts. (OWL, 2008)

17 Elliot Erwitt Provence, France, 1955
HEINEKEN ADVERT, 1970s

18 Art Rogers, Puppies, 1985 Jeff Koons, String of Puppies, 1988

19 Jack Vettriano. The Singing Butler, 1992
Illustrators’ Manual

20 Academic plagiarism

21 A few distinctions (Martin, 1994)
Word-for-word plagiarism Paraphrasing plagiarism Plagiarism of secondary sources Plagiarism of the form of a source Plagiarism of ideas Plagiarism of authorship Most of the plagiarism by university students that is challenged by their teachers is word-for-word plagiarism, simply because it is easiest to detect and prove. One of the most serious types, plagiarism of authorship - which occurs when a student gets someone else to write an essay - can be extremely difficult to detect and prove. This creates a suspicion that most of the concern is about the least serious cases. (Martin, 1994)

22 From "Avoiding Plagiarism," Purdue Online Writing Lab (OWL)

23 Rodchenko, 1924 When Brahms wrote his first symphony, he was accused of having used a big theme from Beethoven's Ninth. His reply was that “any fool could see that.“ (Julian Barnes, 2005) These problems arise from the reality of borrowing and other techniques that involve some degree of copying as important elements in the creation of new works. (Arewa, 2006) Matthew Cooper, 2006 Images from:

24 It may come as a shock to customers, but most designers regularly dispatch staff worldwide to scour vintage depots in search of inspiration. (The fashion world is stalled in a staunch postmodernism, where success is measured in the ability to synthesize various influences and make them commercially viable.) These designers buy up bags, belts, or even a coat and then limit their pilfering to the details: the stitching here, perhaps, or a buttonhole there. But they usually stop a hemline short of producing a direct copy. (Larocca, 2002) Wong, 1973 Ghesquiere, 2002

25 1957 A conception of the creative process that imagines that new works are original and autonomous may often be at odds with actual acts of creation that in many instances involve copying, collaboration, and other uses of existing works. (Arewa, 2006) 2002

26 Book cover illustration by Anthony Roberts for
Robert Heinlein (1970) ‘Double Star’ The chairman of the Turner Prize jury, Sir Nicholas Serota, told BBC Radio 4’s Today programme that the painting was not a form of plagiarism. He said: “Glenn Brown has frequently used the work of other artists in developing his work, but that is true of Picasso, who borrowed from Rembrandt…..this is not new. “He uses other artists’ work, but that doesn’t mean to say you could possibly mistake his work for theirs….he takes the image, he transforms it, he gives it a completely different scale.” Glenn Brown (2000) ‘The Loves of Shepherds’, Turner Prize entry Images and text from

27 The discourses of the disciplines
Consideration of issues such as influence, intertextuality, formulaic cultural production, appropriation and borrowing are important parts of discourse in a number of fields of study. In musicology, for example, terms used to discuss relationships between musical texts include borrowing, self-borrowing, transformative imitation, quotation, allusion, homage, modeling, emulation, recomposition, influence, paraphrase, and indebtedness. In literary criticism, terms such as intertextuality, allusion, quotation, and influence are used. (Arewa, 2007)

28 Multiple phenomena are being addressed.
Multiple practices = multiple causal factors and multiple remedies. Plagiarism is necessarily a chaotic conception, not a scientific one Plagiarism will not be resolved by better measuring instruments:—there is no ‘it’ to measure. A far better strategy than feeding the moral panic by numbers is to confront the phenomenon in its complexity. (Clegg and Flint, 2006)

29 As examples accumulate … it becomes apparent that appropriation, mimicry, quotation, allusion, and sublimated collaboration consist of a kind of sine qua non of the creative act, cutting across all forms and genres in the realm of cultural production. Jonathan Lethem, The Ecstasy of Plagiarism, Harpers Magazine Feb 2007

30 Institution Students Staff
Academic plagiarism Staff Students The challenge ahead is to consider how staff, student, and institutional perspectives can be reconciled or unified, as well as balancing them with the QAA Code of Practice and maintaining the reputation of the university as one that values high academic principles. Flint, Abbi, Clegg, Sue and Macdonald, Ranald(2006)'Exploring staff perceptions of student plagiarism',Journal of Further and Higher Education,30:2,145 — 156

31 So…… How might we… creatively? collectively? effectively?
I must not plagiarise So…… How might we… creatively? collectively? effectively? …tackle plagiarism? Discuss.

32 References AREWA, O. (2006) From J.C. Bach to Hip Hop: Musical Borrowing, Copyright and Cultural Context. Case Legal Studies Research Paper No , North Carolina Law Review, Vol. 84, p. 547, 2006 Available at: AREWA, O. (2007 ) ‘Culture as Property: Intellectual Property, Local Norms and Global Rights’. Northwestern Public Law Research Paper No Working Paper Series Available at: AREWA, O. (2007) ‘Freedom to Copy: Copyright, Creation and Context’. UC Davis Law Review, Vol. 41, No. 2, 2007, Northwestern Public Law Research Paper No AREWA, O. (2008) ‘Borrowing the Blues: Copyright and the Contexts of Robert Johnson’ Northwestern Public Law Research Paper No Working Paper Series FLINT, ABBI, CLEGG, SUE and MACDONALD, RANALD (2006) 'Exploring staff perceptions of student plagiarism', Journal of Further and Higher Education,30:2,145 — 156 GLADWELL, M. (2004) ‘Something borrowed: Should a charge of plagiarism ruin your life?’. Article in The New Yorker, 22 November 2004. Available at: and LETHEM, J. (2007) ‘The ecstasy of influence: a plagiarism’. Harper’s Magazine, February Available at: STOKES, S. (2001) ‘Art and Copyright’. Hart Publishing. UK (Limited view available: ) STOKES, S. (2002) ‘Idea/Expression’. Contribution to Commons-Law discussion list. Available at Based on article in The Art Newspaper (date unknown). TAYLOR, K. (2006) 'Plagiarism and Piracy: a publisher’s perspective. Learned Publishing, 19(4) (8). Available (free) at:

33 Shakespeare stole most of his historical plots directly from Holinshed
History of Plagiarism The word plagiarism derives from Latin roots: plagiarius, an abductor, and plagiare, to steal Shakespeare stole most of his historical plots directly from Holinshed The extent of Coleridge's plagiarism has been debated by scholars since Thomas de Quincey, himself an accomplished borrower, published an exposé in Tait's Magazine a couple of weeks after Coleridge's death Oscar Wilde was repeatedly accused of plagiarism: hence the celebrated exchange with Whistler: "I wish I'd said that, James." "Don't worry, Oscar, you will.“ Martin Luther King plagiarised part of a chapter of his doctoral thesis George Harrison was successfully sued for plagiarising the Chiffons' He's So Fine for My Sweet Lord. Raphael Holinshed (died c. 1580) was an English chronicler, whose work, commonly known as Holinshed's Chronicles, was one of the major sources used by William Shakespeare for a number of his plays. Raphael Holinshed, or Raphael Hollingshead, probably belonged to a Cheshire family. Relatively little is known about him. He is thought to have come from Cheshire, but lived in London, where he worked as a translator for the printer Reginald Wolfe. Wolfe gave him the project of compiling a world history from the Flood to the reign of Queen Elizabeth. This ambitious project was never finished, but one portion was published as The Chronicles of England, Scotland, and Ireland in Holinshed was only one contributor to this work; others involved in its production included William Harrison, Richard Stanyhurst, and John Hooker. Shakespeare used the revised second edition of the Chronicles (published in 1587) as the source for most of his history plays, the plot of Macbeth, and for portions of King Lear and Cymbeline. Plagiarism and Literary Property in the Romantic Period Tilar J. Mazzeo In a series of articles published in Tait's Magazine in 1834, Thomas DeQuincey catalogued four potential instances of plagiarism in the work of his friend and literary competitor Samuel Taylor Coleridge. DeQuincey's charges and the controversy they ignited have shaped readers' responses to the work of such writers as Coleridge, Lord Byron, William Wordsworth, and John Clare ever since. But what did plagiarism mean some two hundred years ago in Britain? What was at stake when early nineteenth-century authors levied such charges against each other? How would matters change if we were to evaluate these writers by the standards of their own national moment? And what does our moral investment in plagiarism tell us about ourselves and about our relationship to the Romantic myth of authorship?

34 All culture is plagiarism.
To read Eliot’s The Waste Land is also to read Shakespeare, Chaucer, Webster and many others. According to one critic, Eliot practises a "verbal kleptomania". When Brahms wrote his first symphony, he was accused of having used a big theme from Beethoven's Ninth. His reply was that “any fool could see that.“ Oscar Wilde was repeatedly accused of plagiarism: hence the celebrated exchange with Whistler: "I wish I'd said that, James." "Don't worry, Oscar, you will.“ Martin Luther King plagiarised part of a chapter of his doctoral thesis George Harrison was successfully sued for plagiarising the Chiffons' He's So Fine for My Sweet Lord

35 “In truth, in literature, in science and in art, there are, and can be, few, if any, things, which in an abstract sense are strictly new and original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before.”; (Arewa, 2006) New ideas are never wholly new and often use prior ideas as building blocks, whether by accepting them or rejecting them (Leval, l997) The term copying is often taken to be the equivalent of infringement, but it may also be used to describe practices connected to the creation of new works, including borrowing practices in varied creative fields.

36 Because borrowing, copying, and other uses of existing works are pervasive aspects of creation processes, copyright frameworks as a property rule may be used to restrict access in a manner that may hinder the creation of new works. (Arewa, 2006) determining what constitutes inappropriate copying is potentially problematic in the creation context, at least in part because copyright doctrine does not appropriately recognize and contextualize the copying often involved in creation processes. These problems arise from the reality of borrowing and other techniques that involve some degree of copying as important elements in the creation of new works. Consequently, a conception of the creative process that imagines that new works are original and autonomous may often be at odds with actual acts of creation that in many instances involve copying, collaboration, and other uses of existing works.

37 Rather than denying the reality of copying and its importance in processes of creation, narratives incorporating the freedom to copy would begin with recognition of the importance of copying in creation. (Arewa, 2007) Legal discussions of creativity and processes of creation would benefit from a more nuanced understanding of copying and creation. Since conceptions of copying and creation remain under-developed in legal doctrine, copyright law can benefit from consideration of copying and creation in other disciplines, including musicology and literary criticism. In addition to providing examples of discussions of creation that take account of the relationships between texts, such disciplines can also help copyright doctrine develop a more nuanced vocabulary about copying.

38 Immature poets imitate; mature poets steal.
[A] work may be original even though it closely resembles other works so long as the similarity is fortuitous, not the result of copying. Next to the originator of a good sentence is the first quoter of it Then there are great ways of borrowing. Genius borrows nobly Immature poets imitate; mature poets steal. [M]ost Authors steal their Works, or buy. Creativity is selective copying. My purpose in reading has ever secretly been not to come and judge, but to come and steal. Literature has been in a plundered, fragmentary state for a long time. My purpose in reading has ever secretly been not to come and judge, but to come and steal Feist Publ’ns v. Rural Tel. Serv. Co., 499 U.S. 340, 345 (1991). RALPH WALDO EMERSON, COMPLETE WORKS VOL. VIII: LETTERS AND SOCIAL AIMS 197 (1876). T.S. Eliot, Philip Massinger, in THE SACRED WOOD: ESSAYS ON POETRY ANDCRITICISM 123, 125 (3d ed. 1932). Alexander Pope, An Essay on Criticism in THE POEMS OF ALEXANDER POPE 143,163 (John Butt ed., 1963). JOHN DUFRESNE, THE LIE THAT TELLS A TRUTH: A GUIDE TO WRITING FICTION 59 n.*** (2003) (quoting Philip Johnson).

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42 What is Plagiarism? 2 © DavidJulian.com
According to the Office of the Dean of Students:     "To submit to your instructor a paper or comparable assignment that is not truly the product of your own mind and skill is to commit plagiarism.  To put it bluntly, plagiarism is the act of stealing the ideas and/or expression of another and representing them as your own.  It is a form of cheating and a kind of scholastic dishonesty which can incur severe penalties.  It is important, therefore, that you understand what constitutes plagiarism, so that you will not unwittingly jeopardize your college career."1 What is Plagiarism?

43 From "The Broadest Search," Turnitin.com [pdf]


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