plagiarism, copyright and fair use

Seminar for Project FREE-Paglaum Educational Research classesDec. 20, 2014

MM Auditorium A, University of St. La Salle , Bacolod City, Philippines

Information, to be useful, requires reliability: scientific accuracy, validity and authenticity /verifiability

Created information is intellectual property. Those who engage in it, rely on it, process it

and use it in further disseminating it must observe the highest ethical behavior in protecting its reliability.

a moral/ethical issue “1. The appropriation or imitation of another's

ideas and manner of expressing them, as in art, literature, etc., 2. To be passed off as one's own; something appropriated and passed off as one's own in this manner.” (RMIT University, 2009)

Includes: failure to properly document a source copying material from the internet or databases collusion between students purchasing pre-written or on-demand papers from the

numerous paper mills and cheat sites

a legal issue generally, as soon as a work is created in its final form it

is copyrighted “The exclusive right to produce or reproduce (copy), to

perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the ‘Copyright Act’, or some similar name.” (Duhaim Org, n.d.)

To qualify for protection, the work must be: original “fixed in a tangible medium of expression”, no matter how

brief the result of creative effort from its author/authors

Not protected: Ideas Facts

Copyright protects: written material such as journal articles, novels,

poems, song lyrics and reports. artistic works such as paintings, drawings, cartoons,

sculpture, craft work, photographs, maps and plans. musical works dramatic works such as plays and mime. computer programs compilations such as anthologies, directories and

databases. cinematograph films such as feature films, television

programs, and commercials. sound recordings such as recorded music or a

recorded lecture.

both a moral/ethical and legal issue; usually a defense against infringement

“a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.” (Wikipedia, 2009)

Four factors: Purpose and character of use – derivative or

transformative? Nature of the copyrighted work Amount and substantiality of the portion used in

relation to the copyrighted work as a whole Effect of the use upon the potential market for

or value of the copyrighted work

Document your sources and keep those records for future use, in the event that your material is questioned.

Give credit when using written material from another book, magazine, newspaper, song, blog, web page, advertisement, television or radio show.

Material can be sourced in a footnote or simply by stating where the information came from after you cite it.

Give credit to anyone that you interview and any material that you use from the interview

Give credit to anyone that you speak with, and quote. Give credit to anyone that you borrow artwork or images from. When in doubt, give credit to your source. That way you’ll

always be safe. Never ever use more than three words in a row from a copy

source. Use ideas, and express them in your own words. Copyright your work.

Duhaim Org (n.d.). Copyright. Retrieved from http://www.duhaime.org/LegalDictionary/C/Copyright.aspx

Expert Author Publishing. (2008). The difference between plagiarism and copyright infringement. Retrieved from http://www.expertauthorpublishing.com/articles/the-difference-between-plagiarism-and-copyright-infringement.html

RMIT University. (2009). Copyright, plagiarism and fair use. Retrieved from http://www.rmit.net.au/browse;ID=obcz6j8do3ll

Stanford University Libraries and Academic Information Resources. (2009). Copyright and fair use. Retrieved from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

Wikipedia. (2009). Fair use. Retrieved on July 26, 2009. from http://en.wikipedia.org/wiki/Fair_use

http://www.duhaime.org/LegalDictionary/C/Copyright.aspx