Tzara
Continental
- Joined
- Aug 2, 2005
- Posts
- 7,765
Okey dokey, we've had another bust-up about plagiarism and theft of intellectual property, which is, of course, abominable. I want to carry on about this for a while, because, as with almost anything, there are nuances here that may not be immediately apparent. Not talking about the case de jour, which is about as cut-and-dried as they come, but bear with me, or not. I think this general topic is not always as clean cut as it at first appears.
Let's start with definitions, like what is plagiarism?
Plagiarism (from the legal encyclopedia definition at answers.com)
The act of appropriating the literary composition of another author, or excerpts, ideas, or passages therefrom, and passing the material off as one's own creation.
Plagiarism is theft of another person's writings or ideas. Generally, it occurs when someone steals expressions from another author's composition and makes them appear to be his own work. Plagiarism is not a legal term; however, it is often used in lawsuits. Courts recognize acts of plagiarism as violations of copyright law, specifically as the theft of another creator's intellectual property. Because copyright law allows a variety of creative works to be registered as the property of their owners, lawsuits alleging plagiarism can be based on the appropriation of any form of writing, music, and visual images.
Plagiarism can take a broad range of forms. At its simplest and most extreme, plagiarism involves putting one's own name on someone else's work; this is commonly seen in schools when a student submits a paper that someone else has written. Schools, colleges, and universities usually have explicit guidelines for reviewing and punishing plagiarism by students and faculty members. In copyright lawsuits, however, allegations of plagiarism are more often based on partial theft. It is not necessary to exactly duplicate another's work in order to infringe a copyright: it is sufficient to take a substantial portion of the copyrighted material. Thus, for example, plagiarism can include copying language or ideas from another novelist, basing a new song in large part on another's musical composition, or copying another artist's drawing or photograph.
Courts and juries have a difficult time determining when unlawful copying has occurred. One thing the plaintiff must show is that the alleged plagiarist had access to the copyrighted work. Such evidence might include a showing that the plaintiff sent the work to the defendant in an attempt to sell it, or that the work was publicly available and widely disseminated.
Once access is proven, the plaintiff must show that the alleged plagiarism is based on a substantial similarity between the two works. In Abkco Music, Inc. v. Harrisongs Music, Ltd., 722 F.2d 988 (1983), the Second Circuit Court of Appeals found "unconscious" infringement by the musician George Harrison, whose song "My Sweet Lord" was, by his own admission, strikingly similar to the plaintiff's song, "He's So Fine." Establishing a substantial similarity can be quite difficult as it is essentially a subjective process.
Not every unauthorized taking of another's work constitutes plagiarism. Exceptions are made under copyright law for so-called fair use, as in the case of quoting a limited portion of a published work or mimicking it closely for purposes of parody and satire. Furthermore, similarity alone is not proof of plagiarism. Courts recognize that similar creative inspiration may occur simultaneously in two or more people. In Hollywood, for example, where well-established conventions govern filmmaking, this conventionality often leads to similar work. As early as 1942, in O'Rourke v. RKO Radio Pictures, 44 F. Supp. 480, the Massachusetts District Court ruled against a screenwriter who alleged that a movie studio had stolen parts of his unproduced screenplay Girls' Reformatory for its film Condemned Women. The court noted that the similar plot details in both stories— prison riots, escapes, and love affairs between inmates and officials—might easily be coincidental.
OK! Your brain now sufficiently dulled by legalese? Let's continue, but first note that the above definition was copied from Answers.com, with attribution. There will be a test later.
Let's start with definitions, like what is plagiarism?
Plagiarism (from the legal encyclopedia definition at answers.com)
The act of appropriating the literary composition of another author, or excerpts, ideas, or passages therefrom, and passing the material off as one's own creation.
Plagiarism is theft of another person's writings or ideas. Generally, it occurs when someone steals expressions from another author's composition and makes them appear to be his own work. Plagiarism is not a legal term; however, it is often used in lawsuits. Courts recognize acts of plagiarism as violations of copyright law, specifically as the theft of another creator's intellectual property. Because copyright law allows a variety of creative works to be registered as the property of their owners, lawsuits alleging plagiarism can be based on the appropriation of any form of writing, music, and visual images.
Plagiarism can take a broad range of forms. At its simplest and most extreme, plagiarism involves putting one's own name on someone else's work; this is commonly seen in schools when a student submits a paper that someone else has written. Schools, colleges, and universities usually have explicit guidelines for reviewing and punishing plagiarism by students and faculty members. In copyright lawsuits, however, allegations of plagiarism are more often based on partial theft. It is not necessary to exactly duplicate another's work in order to infringe a copyright: it is sufficient to take a substantial portion of the copyrighted material. Thus, for example, plagiarism can include copying language or ideas from another novelist, basing a new song in large part on another's musical composition, or copying another artist's drawing or photograph.
Courts and juries have a difficult time determining when unlawful copying has occurred. One thing the plaintiff must show is that the alleged plagiarist had access to the copyrighted work. Such evidence might include a showing that the plaintiff sent the work to the defendant in an attempt to sell it, or that the work was publicly available and widely disseminated.
Once access is proven, the plaintiff must show that the alleged plagiarism is based on a substantial similarity between the two works. In Abkco Music, Inc. v. Harrisongs Music, Ltd., 722 F.2d 988 (1983), the Second Circuit Court of Appeals found "unconscious" infringement by the musician George Harrison, whose song "My Sweet Lord" was, by his own admission, strikingly similar to the plaintiff's song, "He's So Fine." Establishing a substantial similarity can be quite difficult as it is essentially a subjective process.
Not every unauthorized taking of another's work constitutes plagiarism. Exceptions are made under copyright law for so-called fair use, as in the case of quoting a limited portion of a published work or mimicking it closely for purposes of parody and satire. Furthermore, similarity alone is not proof of plagiarism. Courts recognize that similar creative inspiration may occur simultaneously in two or more people. In Hollywood, for example, where well-established conventions govern filmmaking, this conventionality often leads to similar work. As early as 1942, in O'Rourke v. RKO Radio Pictures, 44 F. Supp. 480, the Massachusetts District Court ruled against a screenwriter who alleged that a movie studio had stolen parts of his unproduced screenplay Girls' Reformatory for its film Condemned Women. The court noted that the similar plot details in both stories— prison riots, escapes, and love affairs between inmates and officials—might easily be coincidental.
OK! Your brain now sufficiently dulled by legalese? Let's continue, but first note that the above definition was copied from Answers.com, with attribution. There will be a test later.
