Plagiarism emphasizes on creative process.docx

7/28/2019 Plagiarism emphasizes on creative process.docx

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Plagiarism emphasizes on creative process.

Infringement emphasizes on creative result. (legal implication is just on results.)

Plagiarism Is more focused on literary ethics.

Infringement is more inclined towards the law & legal aspect.

the failure to attri-bute materialt o its author as an infringemento f the author's" moral rights

violation of droit moral (attribution (acknowledgmento f authorship),i ntegrity (preventiono f

deforming changes), disclosure( determinationo f how and when a work is first made public),a nd

disavowal( withdrawal of a work.))


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People commonly think of plagiarism as being against the law, but the law and plagiarism intersect only

imperfectly. Plagiarism is not a legal term, and though an instance of copying might seem to be

quintessential act of wrongful copying, it does not necessarily constitute violation of copyright law.

Word plagiarize comes from latin word plagiarius , which means kidnapper in general & kidnapper of a

slave in particular.

Not that every borrowing is illegitimate, legitimate borrowing is one is one which proceeds to transform

the original material by means of the borrower creative process.

Plagiarism is an academic capital offense, punishable by academic death for student or faculty. It is

either referred to disciplinary body of either school or the appropriate professional organization.

Why do people plagiarize?

Most pragmatic variety of plagiarism comes in response to the pressure of academic or professional

deadlines. Some students blame it on the failure of education machinery.

Plagiarism & copyright infringement?

Even without a definition of plagiarism, many people find it easy to recognize plagiarism They know it,

when they see it.

Copyright can be transferred; violation of any exclusive right is termed as infringement. Legal or

beneficial owner of an exclusive right has standing to sue for the infringement.(two works need not to

be identical but substantially similar.)

How to determine fair use?

determination of fair use: "(1) the purpose and character of the use ... ;

(2) the nature of the copyrighted work; (3) the amount and substantial-

ity of the portion used in relation to the copyrighted work as a whole;

and (4) the effect of the use upon the potential market for or value of the

copyrighted work

droit moral include

Attribution (acknowledgment of authorship), integrity (prevention of deforming changes), disclosure

(determination of how and when a work is first made public), and disavowal (withdrawal of a work)."


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Narell V Freeman case

Narell, the author of a book about the history of Jewish families in the San Francisco Bay area, accused

historical novelist Cynthia Freeman of having plagiarized her nonfiction book, and sued for copyright

infringement. The Court of Appeals for the Ninth Circuit, reviewing the district court's grant of summary

judgment for Freeman, presented its analysis in terms of traditional intellectual-property principles.Although Freeman had "admitted consulting Narell's book during her research and taking 'language'

from it,"' the court found that there had been no copying of protected expression; the copying was

merely of facts and of "ordinary phrases."" Then, having already found sufficient grounds to uphold the

grant of summary judgment on the basis that there had been no wrongful copying, the court went on to

buttress its conclusion by holding in addition that the two works were not substantially similar' and that

Freeman had made fair use of Narell's history. The conduct in Narell v. Freeman is a paradigm of the

differences between plagiarism, which perhaps it was, and copyright infringement, which it was not. The

court deemed the copying that unquestionably took place to be legally insignificant because the

material copied was not expression and because it was insubstantial in both quantity & quality. The

court turned its attention from result to process when it considered the matter of attribution. It raisedthe issue in its discussion of fair use, stating that the purpose and character of the use weighed" heavily

against Freeman because she did not acknowledge in her work that she had consulted Our Cityin

writing Illusions. "' later the court implied that an "honorable" author would "acknowledge sources.'"

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Plagiarism emphasizes on creative process.docx