Transcript - RW301 Guide to Research Writing© 2019 Our Daily Bread University. All rights reserved.

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LESSON 4 of 5RW301

Ethical and Legal Issues in Writing

Guide to Research Writing

Introduction

Instead of focusing on the writing process, this lesson has to do with the ethical choices that you make as you write. Those choices may have legal ramifications, but the information in this lesson does not constitute legal advice. If you need legal advice, you must consult an attorney. Nor is this information the prac-tice of law without a license. It is a working editor’s understand-ing of legal issues that have to do with writing and publishing.

By the end of this lesson, you should be able to do the following:

• Define plagiarism.• Know the academic consequences of plagiarizing.• Understand why it important to use sources accurately.• Know what informed consent is.

Plagiarism is using the work or words of another person without giving proper credit. Examples of plagiarism are shown in figure 4.1 and include:

• “Failing to use quotation marks when quoting directly from a source.”

• “Failing to document distinctive ideas from a source.”• “Fabricating or inventing sources.”• “Copying information from computer-based sources

(e.g., the Internet) without attribution.”

If a writer is found to have plagiarized, disciplinary action usu-ally follows, with expulsion from an academic program being the most severe sanction. The legal consequences of plagiarism—lawsuits, monetary settlements—tend to be more of an issue with works that are published for profit. However, plagiarism is an ethical issue: Plagiarism is tantamount to stealing, and writ-ers who are Christians are called to refrain from stealing.

Linda Triemstra CookLinda Triemstra Cook is the author

and instructor of this course.

Transcript - RW301 Guide to Research Writing © 2019 Our Daily Bread University. All rights reserved.

Ethical and Legal Issues in Writing

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Lesson 4 of 5

On occasion, plagiarism results from careless note taking. A writer/researcher, caught up in the flow of an author’s argument, neglects to transcribe a quote accurately, or neglects to record the title of the work or the page numbers. The material reinforc-es a crucial point in the researcher’s argument—and the tempta-tion is to include the quote, even though proper attribution is missing. Yet, to include that quote constitutes plagiarism. (This is a compelling reason to take complete, careful, accurate notes.)

At other times, plagiarism is the offspring of time pressure. It is tempting to include material, even if attribution is missing, when time is short.

The availability of Internet sources requires special caution. Original material on websites is by definition protected by copyright law, whether or not the material carries a copyright notice. Moreover, you may not have a way to discern if the mate-rial is original or if it has been copied from another site without permission. (This is a compelling reason to use only reputable sources.)

In previous lessons, you’ve learned about using reputable sourc-es and quoting and citing them accurately. Using sources accu-rately is also an ethical choice in writing. As you write, you must reflect another writer’s thought and viewpoint as accurately and fairly as possible. It is ethically inappropriate to quote someone out of context, or by subtle alterations (use of ellipses, for ex-ample) to make a writer appear to say something he did not say. Like plagiarism, inaccurate use of sources is dishonest behavior.

You may have heard people talk about fair use. The concept of fair use is intended to promote scholarly work and the dissemi-nation of knowledge. It is considered fair use, for example, to quote from an author’s work (with proper attribution!) if your paper is a close study of that scholar’s thought. Fair use does not mean unlimited use, but some latitude is allowed when the intent is to study and to critique or to build on other scholarly work. For more about fair use, see the Resources for this chapter.

Another matter with ethical implications is that of informed consent and privacy. If you interview someone as part of your research, that person needs to know beforehand how the mate-rial will be used. It is prudent—and this advice comes from an attorney—to give the interviewee an opportunity to read what you have written. The person may request that you not use in-formation that could have negative repercussions for her. In the interest of preserving reputation or privacy, you would do well to

Transcript - RW301 Guide to Research Writing© 2019 Our Daily Bread University. All rights reserved.

Christ-Centered Learning — Anytime, Anywhere

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Ethical and Legal Issues in WritingLesson 4 of 5

honor that request.

If your research involves interviews or study with a group or groups of people, you may be asked to have those people com-plete an informed consent form (see figure 4.2). An informed consent form covers matters such as the purpose of research, the knowledge gained, and how that knowledge will be used, the procedures to be followed, any risks and benefits to participants involved in the study, and compensation, if any.

A related issue is that of libel. Libel is “a publication without justification or lawful excuse which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule” (B. Parke, Parmiter v. Coupland [1840]). Although it is somewhat unlikely that libel would be an issue in a research paper, all writers are accountable for their words and the conse-quences of those words. For writers who are Christians, this also is an ethical issue.

The legal issues discussed in this lesson are, for writers who are Christians, ethical issues as well. At this point, you should have a solid understanding about plagiarism and ways to guard against it. You’ve heard about informed consent, libel, and fair use. In the next lesson, we’ll learn about the final steps in the writing process.

Assignments

• Review the goals for this lesson. Have you met them? If you are unclear about any material, review the audio or the PowerPoints.

• Consider your writing assignment(s): Is there sensitive information (e.g., in an interview)? Is there any unintentional plagiarism (e.g., sloppy citations)? If so, review and correct.