copyright, fair use, and plagiarismpersonal.kent.edu/~akendal5/copyright.pdfcopyright, fair use, and...
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COPYRIGHT, FAIR USE, AND PLAGIARISM
BY ANDREW KENDALL
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COPYRIGHT
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WHAT IS A COPYRIGHT?
• According to Copyright.gov, a “copyright is a form of protection grounded in the U.S.
Constitution and granted by law for original works of authorship fixed in a tangible
medium of expression.”
• “Copyright covers both published and unpublished works.”
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WHAT DOES COPYRIGHT PROTECT?
• A form of intellectual property law, protects original works of authorship including
literary, dramatic, and musical
• Artistic works, such as poetry, novels, movies, songs, computer software, and
architecture.
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COPYRIGHTS DO NOT PROTECT
• Facts
• Ideas
• Systems
• Methods of Operations
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WHAT DOES COPYRIGHT LOOK LIKE?
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HOW LONG DOES A COPYRIGHT LAST?
• According to Chapter 3 of the Copyright Law of the United States:
• The copyright lasts the life of the author plus 70 years.
• The term of the copyright will end at the end of the calendar year.
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IS A COPYRIGHT GOOD IN OTHER COUNTRIES?
• The United States does have agreements that allow for the copyrights of its citizens to
transfer to other countries.
• Not all countries have this agreement with the United States
• For a list of countries that do CLICK HERE
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FAIR USE
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WHAT IS FAIR USE?
• Fair use is a legal doctrine that promotes freedom of expression by permitting the
unlicensed use of copyright-protected works in certain circumstances.
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WHAT CAN YOU USE FAIR USE FOR?
• Criticism
• Comment
• News Reporting
• Teaching
• Scholarship
• Research
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THE FOUR FACTORS OF FAIR USE
1. Purpose and character of work
2. Nature of the copyrighted work
3. Amount and substantiality of the portion used as a whole
4. Effect of the use upon the potential market for or value of the copyrighted work
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PURPOSE AND CHARACTER OF WORK
• Courts look at how the party is claiming fair use using the copyrighted work
• If you are using it for nonprofit education and noncommercial use, then you are more likely to
get fair use.
• “Transformative” uses are more likely to be considered fair.
• This is when something new is added with a further purpose or different character.
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NATURE OF THE COPYRIGHTED WORK
• The more creative or imaginative the work is, the less likely that it would be considered
fair use.
• More factual work such as a technical article, or news item tend to be more acceptable
to be used in fair use.
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AMOUNT AND SUBSTANTIALITY OF THE PORTION USED AS A WHOLE
• Generally, the larger the amount of work used, the less likely that you will be given fair
use.
• That is not always the case, as some courts have found the use of the entire work as fair, and
others have ruled that even a small amount of the material was not fair.
• This is more to due with the selection of the work used and how vital it was to the importance of
the work.
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EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR VALUE OF THE COPYRIGHTED WORK
• Here the court will look at whether or not the unlicensed work would affect the
potential appearance or sales of the licensed work.
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FOR MORE INFORMATION
• IF you wish to know more about the specifics regarding fair use CLICK HERE
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THE SYMBOL FOR FAIR USE
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PLAGIARISM
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WHAT DOES PLAGIARISM MEAN?
• According to Marriam-Webster Online Dictionary, Plagiarism means:
• To steal and pass off (the ideas or words of another) as one’s own
• To use (another’s production) without crediting the source
• To commit literacy theft
• To present as new and original an idea or product derived form an existing source
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WHAT CONSTITUTES “COMMON KNOWLEDGE?”
• The idea of “common knowledge is rather vague, but you ask a couple of questions:
1. Did I know this information before I took this class?
2. Did I think of this myself?
• If you can answer yes to both of these, them your point could be considered common
knowledge.
• It would no longer be considered plagiarism
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3 STEPS TO AVOID PLAGIARIZING
• According to the Writing Center at UNC, there are three steps to avoiding plagiarism:
1. Change the way you view citations – take a more positive approach to citing
2. Improve your note-taking skills – look at what the author is trying to say
3. Locate the appropriate style manual – you don’t need to learn every format for citing, just
use a style manual.
• For more on avoiding Plagiarism, visit HERE
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ONLINE RESOURCES FOR CITATIONS
• The Purdue Owl
• The Citation Machine
• Easy Bib
• If you are on Google Chrome, then this add-on will cite any website that you visit in
deferent formats.
• CLICK HERE
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CLASSROOM POLICY ON PLAGIARIZING
• First Offense
• Must resubmit work with a maximum grade of a C
• Submit short report on Plagiarism
• Second Offense
• Must resubmit work with maximum grade of F
• Submit short report on Plagiarism
• Email Parents and notify Administration
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REFERENCES
• Copyright and fair use guidelines for teachers. (No Date). [Graphic representation]. Retrieved from
http://marvin.mll.gvsu.edu/lrc/copyright.pdf
• The Writing Center at UNC. (No date). Plagiarism. Retrieved from http://www.copyright.gov/fair-
use/more-info.html
• United States Copyright Office. (No Date). Copyright in general. Retrieved from
http://www.copyright.gov/help/faq/faq-general.html#countries
• United States Copyright Office. International copyright relations of the united states. Retrieved from
http://www.copyright.gov/circs/circ38a.pdf
• United States Copyright Office. (No date). More information on fair use. Retrieved from
http://www.copyright.gov/fair-use/more-info.html
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