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Copyright and Plagiarism in the Digital Age Matthew P. Ciszek Head LibrarianPenn State Shenango - Lartz Memorial Library firstname.lastname@example.org With special thanks to Becky Albitz and Anna Pilston for information and support related to this presentation 12/29/2011
What is Copyright?Origins— ―The Congress shall have Power…To promote the Progress of Science and the useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries…‖ United States Constitution, Article IDefinition—The exclusive right given by law for a certain term of years to an author, composer, designer etc. (or his assignee), to print, publish and sell copies of his original work. 12/29/2011
Exclusive Rights of CopyrightHolder Make copies Make derivative works Distribute copies Perform the work publicly Display the work publicly In the case of a recording, perform the work publicly by means of digital audio transmission 12/29/2011
Fair Use“Use of a copyrighted work, including reproductions for purposes such as criticism, comments, news reporting, teaching, scholarship or research is not an infringement of copyright.‖There are 4 factors that are used to determine whether a use falls under the protection of Fair Use. 12/29/2011
Four Factors Determining FairUse1. The purpose and character of use, including whether such use is of a commercial nature or is for nonprofit educational purposes;2. The nature of the copyrighted work (published or unpublished; fiction or nonfiction);3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;4. The effect of the use upon the potential market for or value of the copyrighted work. 12/29/2011
Application of Fair Use Basic Books v. Kinko’s Graphics Corporation Sony Corp. v. Universal City Studios (Betamax case), MGM v. Grokster Campbell v. Acuff-Rose Music Inc., Suntrust Bank v. Houghton Mifflin Co. (Pretty Woman and The Wind Done Gone) RIAA v. John Doe 12/29/2011
11 Myths About Copyright (www.templetons.com/brad/copymyths.html)1. ―If it doesn’t have a copyright notice, it’s not copyrighted.‖2. ―If I don’t charge for it, it’s not a violation.‖3. ―If it’s posted [on the Web], it’s in the public domain.‖4. ―My posting was just fair use. ‖5. ―If you don’t defend your copyright, you lose it.‖ 12/29/2011
11 Myths (continued…) 6. ―If I make up my own stories, but base them on another work, my new work belongs to me.‖ 7. ―They can’t get me; defendants in court have powerful rights!‖ 8. ―Oh, so copyright violation isn’t a crime or anything.‖ 9. ―If it doesn’t hurt anybody – in fact, it’s free advertising.‖10. ―They emailed me a copy, so I can post it.‖11. ―So I can’t ever reproduce anything.‖ 12/29/2011
What is Plagiarism?Plagiarism is the act of stating or implying that another persons work is your own. You commit plagiarism if you: Submit a paper to be graded or reviewed that you have not written on your own. Copy answers or text from another classmate and submit it as your own. Quote or paraphrase from another paper without crediting the original author. Cite data without crediting the original source. Propose another authors idea as if it were your own. Fabricate references or using incorrect references. Submit someone elses presentation, program, spreadsheet, or other file with only minor alterations. Copy and paste content from any electronic document into your paper without attribution.From TLT Plagiarism web site http://tlt.its.psu.edu/suggestions/cyberplag/cyberplagstudent.html 12/29/2011
Plagiarism and Digital Media ◦ Material on the Web is not freely available—those who create it hold the copyright to it, and retain their exclusive rights. ◦ Best rule of thumb, unless the site states otherwise—get permission! 12/29/2011
Plagiarism and LibraryDatabases The library licenses access to hundreds of databases (ProQuest, PsychInfo, Nature, etc.) Even though the library pays to offer access, we do not own the content. You must cite anything you quote from an electronic resource as though you are quoting from a book or journal. Go to http://www.libraries.psu.edu/gateway/refere nceshelf/writ.htm and look in the Writing Resources/Style Manuals for information about proper citation formats. 12/29/2011
Plagiarism—why is it wrong?Penn State University is an institution of both learning and research. When you commit plagiarism, you hurt yourself and the community in the following ways: You deny yourself the opportunity to learn and practice skills that may be needed in your future careers. You invite future employers and faculty to question your integrity and performance in general. You commit fraud on faculty who are evaluating your work. You deprive another author due credit for his or her work. You show disrespect for your peers who have done their own work.From TLT’s Plagiarism web site http://tlt.its.psu.edu/suggestions/cyberplag/cyberplagstudent.html 12/29/2011