1. PLAGIARISM “There is much difference between imitating a man and counterfeiting him.” Benjamin Franklin Define imitate and counterfeit © 2007 Department of Instructional Media, Shawnee Mission Schools

2. Property Property Law Real Property Personal Property Intellectual Property

3. Intellectual Property Intellectual Property TrademarkPatent Copyright (Plagiarism)

4. 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.

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

6. Three Types of Plagiarism Failing to cite quotations and borrowed ideasFailing to cite quotations and borrowed ideas Failing to enclose borrowed language in quotation marksFailing to enclose borrowed language in quotation marks Failing to put summaries and paraphrases in your own wordsFailing to put summaries and paraphrases in your own words

7. Simply put, plagiarism is... Simply put, plagiarism is... Failure to give credit to the author, creator, artist Failure to give credit to the author, creator, artistOR Leading your “audience” to believe the creative work is yours.

8. Copyright vs. Plagiarism Not a legal termNot a legal term Academic “crime”Academic “crime” Claiming or appearing to claim ownership of someone else’s creative workClaiming or appearing to claim ownership of someone else’s creative work Not punishable by the government, but may be by academic sanctionsNot punishable by the government, but may be by academic sanctions Legal term Civil crime Unauthorized use of someone else’s creative work Monetary damages for infringement

9. Consider a car... Using it without your permission or in a way that disrespects your ownership Using it without your permission or in a way that disrespects your ownership Disregarding your ownership by acting as if is it’s mine Copyright Infringement Plagiarism

10. Penalties COPYRIGHTINFRINGEMENT Fines up to $250,000 or more Fines up to $250,000 or moreInjunctionsSeizure Court Costs PLAGIARISM Middle School High School College Professional

11. Can a single act be BOTH copyright infringement AND plagiarism? If you have not credited the source of your work, you may have also violated the rights of the copyright holder as owner of the work.

12. Words of Thomas Jefferson

13. TJ Quoting the original text without citation is plagiarism (not crediting the source)Quoting the original text without citation is plagiarism (not crediting the source) The original text has passed into public domain.The original text has passed into public domain. Quoting the original text without citation is not copyright infringement (no longer “owned” by Jefferson.)Quoting the original text without citation is not copyright infringement (no longer “owned” by Jefferson.)

14. Words of Coretta Scott King Remarks, press conference on the introduction of ENDA, Washington, DC, June 23, 1994.

15. CSK The original text is automatically protected by the copyright law until 2066 (life plus 70).The original text is automatically protected by the copyright law until 2066 (life plus 70). Quoting the original text without citation is plagiarism (not crediting source).Quoting the original text without citation is plagiarism (not crediting source). Quoting the original text without citing is ALSO copyright infringement because the work is under copyright protection until 2066. Right of duplication/copying is violated.Quoting the original text without citing is ALSO copyright infringement because the work is under copyright protection until 2066. Right of duplication/copying is violated.

16. FOR ANY USE OF THE WORKS, WORDS, IDEA OF ANOTHER PERSON...... the source MUST be cited to avoid plagiarism and, for more recent works, copyright infringement.

17. What if I want to use or reference a work in my project that is not my own? ParaphraseParody Public Domain Fair Use Permission

18. Paraphrase

19. Paraphrase Paraphrasing is a way to share someone else’s work without “stealing” their intellectual property (copyright infringement).Paraphrasing is a way to share someone else’s work without “stealing” their intellectual property (copyright infringement). The material must be stated in your own words. When the original and your words are put side by side, they must be distinctly different.The material must be stated in your own words. When the original and your words are put side by side, they must be distinctly different. You must cite the work paraphrased or it is plagiarism.You must cite the work paraphrased or it is plagiarism.

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

21. Example Refrain from inquiring what the nation can accomplish for the individual, inquire what the individual can accomplish for the nation. Who should be cited for this paraphrase?

22. PARODY

23. Parodies allowed if... Obvious spoof; disclaimer helpfulObvious spoof; disclaimer helpful Reproduction is no more of the original than necessary to reference it in the minds of readersReproduction is no more of the original than necessary to reference it in the minds of readers The market value of the original work is not destroyed. Who gets to decide this?The market value of the original work is not destroyed. Who gets to decide this? Citation necessaryCitation necessary

24. Example Weird Al Yankovic http://video.google.com/videoplay?do cid=8191780737516712253 http://video.google.com/videoplay?do cid=8191780737516712253

25. PUBLIC DOMAIN

26. What is in the Public Domain? Work created by federal government agenciesWork created by federal government agencies Works published before 1923Works published before 1923 (original manuscripts) Works published between 1923 and 1978 that do not have a notice and were therefore not renewed.Works published between 1923 and 1978 that do not have a notice and were therefore not renewed. Works to which the owner freely granted rights to the public domainWorks to which the owner freely granted rights to the public domain Citation requiredCitation required

27. Example NASA Original Shakespeare Manuscript

28. FAIR USE

29. 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

30. Educational (Multimedia) Fair Use of Copyrighted Materials in Classroom Projects MOTION MEDIAMOTION MEDIA 10% or 3 minutes* 10% or 3 minutes* TEXTTEXT 10% or 1000 words* MUSICMUSIC 30 seconds from a single source 30 seconds from a single source ILLUSTRATIONS/PHOTOSILLUSTRATIONS/PHOTOS 5 images single/ 10% collective 5 images single/ 10% collective DATA SETSDATA SETS 10% 10% Except for an application portfolio, you are only allowed to make 2 copies of your project.Except for an application portfolio, you are only allowed to make 2 copies of your project. *Whichever is less

31. Examples Internet articlesInternet articles WebsitesWebsites MusicMusic LyricsLyrics

32. PERMISSION

33. When is permission needed to 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.

34. THINK IT THROUGH Given an original creative work by 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?

35. If this entire work is used by another student without citation, would it be... Cheating?Cheating? Plagiarism?Plagiarism? Copyright Infringement?Copyright Infringement?

36. 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 copyright holderViolate the right of making a copy which belongs to the copyright holder A final word on plagiarism... “Don't worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats.” Howard Aiken, “Father” of the Computer Age “Don't worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats.” Howard Aiken, “Father” of the Computer Age