INTELLECTUAL PROPERTY: COPYRIGHT & PLAGIARISM (MODIFIED BY LINTON)

What is Intellectual Property?  Legal control/ownership over creations of the mind, both artistic and commercial, and the corresponding fields of law.  Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets. Wikipedia (accessed 08/22/09)

Copyrights on Intellectual Property  Copyrights go back about 300 years to the Statute of Anne in 1710 & originate in England.  Copyrights were written into the US Constitution:  “Congress has the power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  Copyrights were designed for progress in society and not primarily protection of authors.  They serve to preserve income and reputation.

Copyright  Copyrights were first only given to authors, but then extended to artists and musicians.  Every kind of artistic or intellectual expression is protected now.

What rights do copyright provide?  The creator of a work can prohibit or authorize its:  reproduction, such as printed publication or sound recording  public performance, as in a play or musical work  recording, for example, in the form of compact discs, cassettes or videotapes  broadcasting, by radio, cable or satellite  translation into other languages, or its adaptation, such as a novel into a screenplay  Does not require: Copyright notice, Publication, Registration with the Copyright Office or any other body. Copyrights are automatic. (accessed 8/21/09)

Copyright: What is and isn’t protected?  Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts.  Expressions of ideas are protected and owned by their creator.  The physical objects (book, video, DVD, ) that contain the expression are not owned by the artist.

Example of Who Owns What?  messages are classified as literary works….  The copyright remains with the author of the message  The recipient owns the physical space the message takes up on his or her hard drive, or the toner and paper if a hard copy of the message is printed.  The recipient does not have the right to copy, publish, or otherwise distribute the contents without permission. (Besenak, 2001, 111-2)  It is interesting that people can own a copy of a book, , painting, or a recording and not have the right to copy and distribute replicas of the contents.

Example of Translated, Old Literature  Beowulf is no longer copyright protected, but recent translations of it are copyright protected, because they are a different expression of the work.  It is interesting to find that an original author may no longer own his/her original work, but a translator may own the rights to a newer translation.

Progress vs. Protection  Copyright law’s focus is on progress and not protection, which an example of how copyright laws essentially condemn an artistic expression to be stolen and used by the public, with other kinds of possessions under protection of basic property laws.  If a physical object can be legitimately owned and passed down through generations, to be sold or displayed later for great benefit, why should not artistic expressions be able to be passed down across the generations and be sold for benefit of their heirs?  If you were the author or artist, how would you want your craft to be treated?  Why do you think that many people violate copyright laws?

What Constitutes Educational, Fair Use? Use of a work must be:  Not for profit  Transformative  Give credit to the author  Used for commentary or scholarly purposes.  Sufficiently small in proportion of the whole work  Not the “heart of the work” (even though it is a very small piece of the work) and violate copyright. (Wilson, 2005)  The “heart of the work” is an interesting concept. As an educator, I constantly strive to teach the heart of whatever I teach, so this concept—while correctly protecting artists—flies in the face of what I do as a teacher: disseminate well-articulated kernels of information to eager minds.

Free Use (i.e.: Librivox.org and some governmental works)  There are works that are free use works:  The government sometimes published works for free use  Works can come out of copyright and become free use  Artists or musicians can create something for free use, such as “The Wedding Song,” which was made copyright free so people could use it in their weddings.

Use By Permission  One can obtain permission to use or modify a work, but artists often do not respond to such requests  Permission is often paid for and should be made in writing.  Permission should be sought before using or modifying a work and placing before the public.

WHAT ABOUT INTERNATIONAL COPYRIGHT ISSUES?

Plagiarism: Another Kind of Intellectual Property Theft  Copyright law exists to balance a creator’s right to benefit from the reproduction of a work with the public’s right to advance knowledge and art  Needs written permission  Stealing another’s work  Not providing attribution to the original author  Paraphrasing without quoting  Needs citation Plagiarism --UNETHICAL, Punishable in the USA Copyright violations--ILLEGAL

Differences Between Copyright and Plagiarism Violations 1. Quoting extensively from a book without the copyright holder's permission would likely be copyright infringement 2. Extensive copying with permission but without attribution (citations) would be plagiarism but not copyright infringement 3. Extensive quoting without permission and without citation would be infringement and plagiarism

Z6njI/AAAAAAAAAG0/CLqjRDQF0cg/s320/plagiarism600pxw.jpg Z6njI/AAAAAAAAAG0/CLqjRDQF0cg/s320/plagiarism600pxw.jpg (accessed 08/21/09) Plagiarism: What it is and how to avoid it.

Plagiarism Includes  Failure to use quotation marks and/or citation  Paraphrasing so it looks like an original idea  Summarizing without insight  Duplicating your own, or some one else’s work  Fraud: submitting a paper written by someone else as your own  “Patchwriting”: using words and phrases from a source text and patching them together into new sentences Deception—plagiarism is deceptive!

Plagiarism is always Academic and/or Professional Dishonesty ‘UNINTENTIONAL’ – Collaborative work on a paper must be acknowledged – Reworking a submitted paper for another journal ‘INTENTIONAL’ – To copy a work, or part of a work directly from a source, word for word, without citing it – To submit a paper written by another person – To intersperse works of another within your work without giving credit Library Plagiarism Policies Manhattanville College., p

(accessed 08/21/09)

What does plagiarism look like? William Meehan’s dissertation. Highlights are copied verbatim from Carl Boening’s dissertation. On Vizworld 6/what-does-plagiarism-look-like/ (accessed 09/05/08)

Changing a few words is not good enough. NY Times, Oct. 3, 2004: Spin City (original) ‘From the vantage point of a bike, the city presents itself as a savorable panorama passing by at a speed somewhere between the blur outside a car window and the plodding pace of walking.’ Gazette, July 2, 2009: Bicycle safety a hit-or-miss proposition in Springs (plagiarized sentence) ‘From the vantage point of a bicycle, the city presents itself as a panorama passing by at a speed somewhere between the blur outside a car window and the plodding pace of walking.’ (accessed 08/20/09)

Changing a few words is not good enough. NY Times, April 26, 1987: New Zealanders thrive on U.S. sheep shearing (original) ‘With a heave, John Burt pulled the sheep on its back and pinned it between his legs. Then, reaching for his clippers, he went to work.’ Gazette, June 6, 2009: It's time for Colorado's sheep to get a trim (plagiarized sentences) ‘With a little persuasion, Bob Schroth pulled the sheep onto its back and pinned it between his legs. Then, reaching for his clippers, he went to work.’ (accessed 08/20/09)

Basic Guidelines Mostly your ideas: 2/3 your words, 1/3 authors for summarizing safety Even if you don’t use words verbatim, you must cite if you use the author’s ideas If you reference a scientific concept that is not commonly known, cite the source You do not need to cite if you are using universally understood concepts or common knowledge If you have trouble writing your own ideas, try recording yourself explaining them to someone else and then typing them. Try mind mapping. When in doubt, CITE Adapted in part from PLAGIARISM. What is it? (accessed 08/21/09)

Plagiarism Don’ts  Cut & paste from electronic/Internet sources without using quotes, or properly citing the source  Have others write the paper for you  Download audio, visual, or arts without proper permission (Copyright issues)  Quote statistics/facts without citing the source, unless common knowledge

In many cultures, copying a teacher or an expert is considered a complement and is preferred to an amateur’s thoughts….  In the USA, people lose their careers, reputations, and degrees over plagiarism. Plagiarism is extremely distasteful to us. It is critical to always do one’s own work and properly cite—be truthful on a resume, too!  Because of the damage to one’s reputation, plagiarism is sometimes worse than copyright violation.  Beware: More and more institutions use websites like to screen for plagiarism!

Remember: When in Doubt, CITE! Module adapted from material originally developed by: Michelle Foss, Science & Technology Librarian and Stephanie Haas, University Librarian (Marston Science Library, University of Florida) With information from: Wilson, Lee. Fair Use, Free Use, and Use by Permission: How to Handle Copyrights in All Media. New York: Allworth, Print.