Intellectual Property: Copyright & Plagiarism

Key Topics Intellectual Property – definition Copyright & Creative Commons Author Rights & Open Access Plagiarism – background, guidelines and examples

Current Reserch Environment ‘Academic/research institutions reward those with the longest CVs and the most publications. Under pressure to generate voluminous output, scientists often fall prey to double publishing, self plagiarism, and submitting the minimal publishable unit. Are these ethical gray areas, or true transgressions?’ Executive Editor Clin Invest (7): 2368Clin Invest (7): 2368

Definition –Intellectual Property WIPO: World Intellectual Property Organization Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual Property is divided into two categories: – Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source – Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs (accessed 14 Mar 2011)

Copyright & Creative Commons: from awareness to advocacy Author rights vs. Publisher wants

Basic facts authors need to know Copyright protection is automatic once a work is fixed in a tangible medium Joint authors each have full and equal copyrights Copyright can be transferred only in writing Not all rights have to be given away – author/copyright rights can be broken apart

Author’s rights Copyright is a “bundle” of rights and these exclusive rights include: – reproduce the work in copies – distribute copies of the work – publicly display or perform – make derivatives, adaptations, translations – authorize others to use any of these rights

Author Options Transfer all rights to publisher (traditional) – You no longer have control over your work Licensing (Creative Commons) – Enables the copyright holder, whether author or publisher, to license partial rights to other parties Addenda (SPARC, Science Commons, CIC) – Added to copyright transfer agreements and refer the desired rights to the author. – Leads to negotiations between author and publisher

Authors needs: anticipate future uses of your work Share work with colleagues Distribute at conferences Self-publish (personal website, CM, CV) Link to the full-text from your website Submit to an open access repository Republish; adaptation; translation Use in class Use in coursepacks

Publishers wants: Publishers want (traditional contracts) – Reproduction – Distribution – Derivatives – Editorial control – Digital archiving – Format changes Publishers only need: – Right of first publication

If…then – basics of reuse By the author – If full rights retained, then limitless (within the law.) – If some rights retained, then within limits of negotiated rights. – If no rights retained, then fair use or permission. By others – If published open access, then freely accessible. – If published under a Creative Commons license, then within limits defined by the license. – If published traditionally, then fair use or permission.

Where to begin? Know what rights you want to retain. Identify a publisher that allows author’s to retain most rights. READ THE PUBLISHERS AGREEMENT! Include an Addenda to the publisher agreement. Opt to publish in an Open Access journal and use various licensing resources, such as Creative Commons. Examples: Science Commons: Scholars Addendum EngineScholars Addendum Engine SPARC Author Addendum University of Michigan Authors Addendum MIT Faculty Open Access Policy

Resources Science Commons: SPARC Authors Addendum: html html SHERPA: Directory of Open Access Journals:

Creative Commons What it is and how it benefits teaching and research

A solution to a copyright problem Copyright is automatic – No opt in – No opt out Copyright is restrictive – Rights belong ONLY to the author – Can be transferred or shared – But for mass distribution online? How?

Actually, two problems For the content consumer: – How do I know I can legitimately use the works I find online? – Even if the owner says it’s allowed – will that hold up in court later? For the content producer: – How do I allow copying & sharing? – How do I give up my right to own derivative works? – How do I give users confidence that they have legally binding permission from me?

The solution: Licenses and Marks The license is a contract – How do we transfer copyright rights? – How do we give or get permission? – Creative Commons is a set of licenses (a type of contract) with standard terms, for permission to copy/share/modify copyrighted work The mark is a standard symbol that content consumers can recognize and trust

The Licenses: Four Conditions Attribution – the license lets others distribute, remix, tweak and build upon the work, even commercially as long as credit is given to the original creation (most accommodating/maximum dissemination) Noncommercial – this license allows others to remix, tweak and build upon the work non-commercially; new work must acknowledge and be non-commercial

No Derivative Works – this license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole with credit to the creator. Share Alike – this license lets others remix, tweak or build upon original work (even for commercial use) as long as there is credit and it is licensed as a new creation under same terms (used for open source software licenses.

Six Combinations Attribution Attribution – ShareAlike Attribution – No Derivatives Attribution – Noncommercial Attribution – Noncommercial – ShareAlike Attribution – Noncommercial – No Derivatives (Accessed 14 March 2011)

The Benefits: Using CC-licensed works Teaching – In classroom face-to-face – Online course development – Course materials Creative works – No-risk use of images, music, text, film, etc. to inspire/build upon/mashup into new creations Research – Same as above

Licensing your own works Creative Commons web site Choose a license based on what you want to allow users to do Registration process – there is none! Display the mark and link to the license text

From awareness to advocacy… Open access benefits everyone – Content providers – Content consumers – Teachers/researchers Creative Commons licensing is fundamental to open access publishing Authors’ addenda = one way authors can retain rights (to copy, share, modify, etc.) in publishing contracts

What can you do? Educate yourself about Open Access publishing Publish your work in Open Access journals Negotiate with traditional publishers to retain rights to make works openly accessible Support institutional policies that further Open Access

Z6njI/AAAAAAAAAG0/CLqjRDQF0cg/s320/plagiarism600pxw.jpg Z6njI/AAAAAAAAAG0/CLqjRDQF0cg/s320/plagiarism600pxw.jpg (accessed 21 August 2009) Plagiarism: What is it? What does it look like? How to avoid it.

Types of Plagiarism Stealing - This is exactly what it sounds like! If you take a sentence, or even a unique turn of phrase, and pass it off as your own, this is stealing. Patchworking - Using words and phrases from a source text (that may or may not be acknowledged), and patching them together into new sentences. Insufficient Paraphrasing - Taking an author's words and changing them slightly, without quoting the actual text is plagiarism. Say it entirely in your own words, otherwise put the author's text in quotes and reference the source.

Misquoting - When you quote another author in your own work, always be sure to quote exactly what was said. Direct quotes are when you use an author's exact words. Indirect quotes are when you report the spoken or written words of an author, but not his/her exact words. Both must be cited!! Duplicating Publications - You can not reuse/recycle your own paper for use in another assignment without explicit permission from the instructor. If you cite your previous works, remember to cite yourself!

Scenarios I combined the findings of these 8 sources into one paragraph. I don’t have to cite them, because I created the compilation. I submitted the same paper to more than one class. It’s OK that I copied my own work without citing it because it’s still my idea. I copied someone else’s work, but I didn’t use quotation marks because I changed a few words.

And…… I removed some data points to make my results look better. I didn’t collect enough data from my experiment so I used a computer program to generate data points. My advisor used my data without giving me credit. I quoted something but changed one word to strengthen its support of my argument.

‘May is a second-year graduate student preparing the written portion of her qualifying exam. She incorporates whole sentences and paragraphs verbatim from several published papers. She does not use quotation marks, but the sources are suggested by statements like (see... for more details). Additionally, the faculty on the qualifying exam committee note inconsistencies in the writing styles of different paragraphs of the text and check the sources.’ What are the signs of plagiarism in this case? What about the authors’ works from which are copied without credit? Is it fair? Is it ethical? Adapted from ‘On Being a Scientist’ p (accessed 21 August 2009) A Case Study

Common mistakes Cut & paste from electronic/Internet sources without using quotes or properly citing the source Download audio, visual, or arts without proper permission (Copyright issues) Cite statistics/facts without the source, unless they are common knowledge

If you use four lines, block quote indented 1” from each margin and cite source 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 When in doubt, CITE Adapted in part from PLAGIARISM. What is it? (Accessed 08 June 2009) Basic guidelines to avoid plagiarism

Is it plagiarism or is it cultural? ‘In some Asian cultures, students are taught to memorize and copy well-respected authors and leaders in their societies to show intelligence and good judgment in writing.’ (Thompson, L. C., & Williams, P. G. (1995). Plagiarism in the ESL classroom. Clearing House, 69(1), 27-29) ‘What is defined as plagiarism by American standards is not defined as such by many Asian or European standards, in which… Taking ideas and words from different books and writers to build an answer seems to be an accepted academic practice.’ (Pennycook, A. (1996). Borrowing others' words: Text, ownership, memory, and plagiarism. TESOL Quarterly, 30(2), ) ‘In India, for example, undergraduates are not expected to cite sources and it is only at the graduate level where such activity is expected, but not necessary.’ (Handa, N., & Power, C. (2005). Land and discover! A case study investigating the cultural context of plagiarism. Journal of University Teaching and Learning Practice, 2(3), Retrieved from

Plagiarism in the Sciences (Top 3) 1.Making up data or results (fabrication) 2.Changing or misreporting data or results (falsification) 3.Using the ideas or words of another person without giving appropriate credit (plagiarism) From National Academy of Sciences (U.S.), & NetLibrary, Inc. (1995). On being a scientist: responsible conduct in research. Washington, D.C.: National Academy Press, p.16.On being a scientist: responsible conduct in research

(accessed 21 August 2009)

How is Plagiarism Investigated? (accessed 24 August 2009)

What does plagiarism look like? 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 20 August 2009)

What does plagiarism look like? 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 20 August 2009)

What does plagiarism look like? William Meehan’s dissertation. Highlights are copied verbatim from Carl Boening’s dissertation. On Vizworld /what-does-plagiarism-look-like/ (accessed 05 August 2009)

German defense minister accused of plagiarism. Individual resigned position - 01 March BBC News Europe -europe (18 (Accessed 18 February 2011)

(accessed 21 August 2009)

Plagiarism Resources Duke University Libraries: Citing Sources and Avoiding Plagiarism DePauw University: Avoiding Plagiarism University of California/Davis: Avoiding Plagiarism University of North Carolina/Chapel Hill: Plagiarism

Resources - International WIPO: World Intellectual Property Organization Includes sections on: – Copyright and Related Rights – WIPO Intellectual Property Handbook: Policy, Law and Use – WIPO Administrative Treaties – Frequently Asked Questions

Online Tutorials Acadia University: ‘You Quote it, you note it!’ Indiana University: How to Recognize Plagiarism

Attributions Module adapted from material originally developed by: Michelle Foss Leonard Science & Technology Librarian Marston Science Library, University of Florida Attributions for Open Access & Creative Commons: Molly Keener for the ACRL Workshop “Scholarly Communication 101: Starting with the Basics” May 8, 2009 ACRL Scholarly Communications Toolkit Michelle Foss Leonard, Elizabeth Outler, UF Open Access Week 2009

Hands On Activities We now will proceed to the ‘Hands On Activities’ for the Intellectual Property module. Last Updated (accessed 21 August 2009)