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Plagiarism in the information age is not always a cut and dry issue. Read on to find answers for frequently asked questions about plagiarism and its consequences.
Are all published works copyrighted?
Actually, no. The Copyright Act only protects works that express original ideas or information. For example, you could borrow liberally from the following without fear of plagiarism:
- Compilations of readily available information, such as the phone book
- # Works published by the U.S. government
- Facts that are not the result of original research (such as the fact that there are fifty U.S. states, or that carrots contain Vitamin A)
- Works in the public domain (provided you cite properly) Internet.
Do I have to cite sources for every fact I use?
No. You do not have to cite sources for facts that are not the result of unique individual research. Facts that are readily available from numerous sources and generally known to the public are considered "common knowledge," and are not protected by copyright laws.You can use these facts liberally in your paper without citing authors.
What are the punishments for plagiarism?
As with any wrongdoing, the degree of intent (see below) and the nature of the offense determine its status. When plagiarism takes place in an academic setting, it is most often handled by the individual instructors and the academic institution involved.If, however, the plagiarism involves money, prizes, or job placement, it constitutes a crime punishable in court.
What is "fair use," anyway?
The United States government has established rough guidelines for determining the nature and amount of work that may be "borrowed" without explicit written consent. These are called "fair use" laws, because they try to establish whether certain uses of original material are reasonable. The laws themselves are vague and complicated. Below we have condensed them into some rubrics you can apply to help determine the fairness of any given usage.
The nature of your use.
If you have merely copied something, it is unlikely to be considered fair use. But if the material has been transformed in an original way through interpretation, analysis, etc., it is more likely to be considered "fair use."
The effect of your use on the original
If you are creating a work that competes with the original in its own market, and may do the original author economic harm, any substantial borrowing is unlikely to be considered fair use. The more the content of your work or its target audience differs from that of the original, the better.
What is the "public domain?"
Works that are no longer protected by copyright, or never have been, are considered "public domain." This means that you may freely borrow material from these works without fear of plagiarism, provided you make proper attributions.
REPRINT & USAGE RIGHTS: In the interest of disseminating this information as widely as possible, plagiarism.org grants all reprint and usage requests without the need to obtain any further permission as long as the URL of the original article/information is cited.
The enforcement of copyright is the responsibility of the copyright holder. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages. More recently copyright holders have demanded that states act to defend copyright holders' rights and enforce copyright law through active policing of copyright infringement. It has been demanded that states provide criminal sanctions for all types of copyright infringement and pursue copyright infringement through administrative procedures, rather than the judicial due process required by TRIPs.
Two main FBI divisions investigate intellectual property crimes:
- Cyber Division
-investigates intellectual property crimes involving all digital and electronic works (including Internet, CDs, DVDs, etc) www.fbi.gov/ipr
- Financial Institution Fraud Unit
-all other intellectual property crimes
There are three ways a complaint made be filed:
- Complainants may contact their local FBI field office, and the complaint will be properly referred.
- A complaint may be filed online at the Internet Crime Complaint Centerwww.ic3.gov and, again, it will be properly routed.
- Suspected criminal activity of any nature may be reported online at https://tips.fbi.gov and will be routed accordingly.
What Is Infringement?
Copyright is a bundle of exclusive rights. Section 106 of the copyright law provides the owner of copyright in a work the exclusive right:
- To reproduce the work in copies;
- To prepare derivative works based upon the work;
- To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly;
- To display the copyrighted work publicly
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Section 501 of the copyright law states that “anyone who violates any of the exclusive rights of the copyright owner ...is an infringer of the copyright or right of the author.”
Generally, under the law, one who engages in any of these activities without obtaining the copyright owner's permission may be liable for infringement. Nevertheless, there are several limitations of the exclusive rights of the copyright owner. The copyright law provides exemptions from infringement liability by authorizing certain uses under particularized circumstances. These exemptions are enumerated generally in sections 107-122 of the copyright law.
Refeence: U.S. Copy right Office.
If any content appears on this web site that violates these provisions please contact for Idahocriminaljustice@gmail.com for the need of a citation for proper credit or removal of content or your given permission.
I will make necessary changes as soon as possible.
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