1PLAGIARISM & COPYRIGHT Executive summery This report discusses about two aspects that is copyright and plagiarism. Plagiarism has adverse effect on the life of students. Students opt for this act due to laziness or sometimes by their own will of present a well-made assignment that is completely copied from someone else and not mentioning the original author. The copyright give the power to protect articles, journals from illegal use and distribution of several derivatives without the authorization of the original writer. This report also addresses the laws related to plagiarism and copyright. The consequences that may occur if proper rules and regulations are not followed, how plagiarism violate copyright is also expressed in short. The charges that may be faces by the student who opt for plagiarism in their course of academic are discussed.
2PLAGIARISM & COPYRIGHT Table of Contents Introduction......................................................................................................................................3 About plagiarism and copyright......................................................................................................4 Plagiarism infringe Copyright.........................................................................................................6 Law cases and verdicts related to Plagiarism and Copyright..........................................................7 Students charged for Plagiarism and copyright infringement.........................................................9 Conclusion.....................................................................................................................................10 Reference.......................................................................................................................................12
3PLAGIARISM & COPYRIGHT Introduction Plagiarism and copyright are two different aspects that gives the essence of same. Plagiarism is related to the ethics of a people whereas copyright is related to the legal aspects. Plagiarism is said to copying of someone else’s idea, work, thoughts and presenting those by his own name and without citing the actual work (Helgesson and Eriksson 2015). It has severe effects on personal level and it can go up-to professional level. The copyright is the authority of the creator who can legally manipulate his work however if somebody else does that it becomes a legal offense. The copyright is present in order to authenticate the originality of a creator along with his ideas, thoughts etc. The rights that are given to the copyright holder are pointed out clearly below. This report discusses briefly about these two topic that is Plagiarism and Copyright, about their features, consequences, different form of plagiarism that may happen by a student, types of plagiarism, about the Copyright Act in Australia (Kostenberger and O'Brien 2017). This report also discusses about how plagiarism infringe copyright and its two aspects are described with suitable examples. The cases recorded related to plagiarism in schools and colleges in three consecutive year, the possible verdicts of plagiarism and copyright are also discussed. The several charges that a student may face if he or she conducts plagiarism or violate copyright in their academic course such as assignment, project etc. The aim of this report is to discuss about the above topics in brief.
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4PLAGIARISM & COPYRIGHT About plagiarism and copyright Plagiarism is defined as the illegal access towards someone else’s ideas, thoughts or language and presenting those by their own name. It is also considered to be an unethical practice in journalism and an academic dishonesty (Eaton 2017). Plagiarism can damage the reputation of a person and if it is done by students it can lead to penalties, expulsion, and suspension from their respective institution (Fusch et al. 2017). In industries and education it is considered to be ethical offense of highest priority. In recent years, plagiarism has occurred mainly in the academic areas due to the availability of several information and help all over the internet (Hosny and Fatima 2014). According to resent survey there are several form of plagiarism are found that may be committed by a student in their academic area, and those are as follows: The use certain quotations without mentioning their sources. Citation of some sources and leaving some sources uncited. Re-write of the assignment of someone else and not mentioning them. Submission of other’s work on their own name. Sometimes inaccurate citing is done. Combining the cited and uncited work together. Paraphrasing closely and citing those. There are commonly four types of plagiarism such as; mosaic, direct, accidental and self (Sun and Yang 2015). The mosaic plagiarism is said to happen when certain phrase is borrowed from a source and the quotation marks are not given, or the language of that information is same with the meaning and structure of the original information. This plagiarism is considered to be punishable and dishonest in all academic areas and industries.
5PLAGIARISM & COPYRIGHT The direct plagiarism is the transcription of word to word exact without quotation of somebody else’s work. In this type of plagiarism, no citation is done. This considered to be dishonest, unethical, and the consequence can be expulsion from the concerned institution. The accidental plagiarism happens when the person whose is copying someone else’s work does not cite the sources by avoiding it, or paraphrase unknowingly. The copied work consists of the same lines, words and even the sentence structure may remain same without the attributions. The knowledge of proper citation must be provided to the students so that this kind of plagiarism does not occur. The self-plagiarism occurs when a student present his or her earlier work as his or her new works or assignment. The new work can be the whole assignment or some portions of the previous one (Martin 2013). A proper permission of the professor is required with valid modification of the previous work then only that work can be considered as a new assignment. Copyright It is describes as an right provided to a person whole is a creator of his own work and can reproduce his own work for a certain period of time. The creative own work may have a vast filed such as literature, music, article, journal etc. The main motive behind copyright is to protect the originality of the creator, his ideas, thoughts, and way of expression. Also, copyright gives a power to the copyright holder of managing their creative work on where to be used. It can caterer incentives for the holder of copyright when their work is used to set some bar or terms based on which others can present their content. It also generates rewards for the content creator which may turn valuable in the long run. The Copyright Act 1968 came on 1stMay 1969 and continues
6PLAGIARISM & COPYRIGHT to stay till date. The copyright law is considered to be federal law by the legislation of the country. Plagiarism infringe Copyright The infringement of Copyright means violation of the copyright or illegal use of a copyright. The copyright allows the holder of copyright to legally exploit them only. The rights are as follows: The public distribution of the work that has a copyright by its own creator only. The right give the permission to the creator to reproduce similar copies of the same work. The right allows the creator to present his work to the public. It enables the creator to make different works that are derivation of a copyrighted work of his own. Plagiarism infringe copyright sometimes and sometimes not. Plagiarism infringe copyright like plagiarism of posts, articles without citing the actual source, that source may have copyright of the information. Sometimes plagiarism are presented by the legal framework as given by the law of copyright (Bartley et al. 2014). The content in online platform which are plagiarized are sometimestakendownforcopyrightissues.Thisonlineissueisseenmostlyinthe advertisements, and products, the items may face lawsuit against them and huge penalties. Plagiarism is always associated with the ethical issues whereas the copyright deals with legal issues. In respect of articles, if a blogger post article about some topic which is from the story of his favorite author and present that article by his name then copyright infringement occurs due to the fact that the copyright of the story is held by the author only (WANG and LIU 2015). The article is a derivative of the original story and that article is distributed to the general public without the permission of the concerned author.
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7PLAGIARISM & COPYRIGHT However, plagiarism not always infringe copyright, it may happen that a work is plagiarized such as “Hamlet” is written by someone that means the idea behind the play remains same however it is not copyright infringement as the play is for the general public and hence not protected by any copyright. Sometime plagiarism may take place where copyright does not have any protection on it such as certain facts, elements of plot and ideas. Also for submitting a work with the proper permission of the higher authority is not considered as infringement of copyright however it still remains plagiarism as the original work of the creator is not cited. The occurrence of plagiarism and copyright infringement are simultaneous and sometimes different in their own way. Taking example of plagiarizing a work of an author with his permission is not considered to be a copyright infringement however, without the permission becomes copyright infringement. Therefore, it is difficult to say that plagiarism infringe copyright or not. Law cases and verdicts related to Plagiarism and Copyright The information about Plagiarism has increased in recent years in Australia. This can be observed by the teachers, professors of various high schools and universities in respect to the student’s assignments. Plagiarism can be identified in classrooms to the national level. In the year 2014, the Education Standards Authority in New South Wales are keeping record of all the submitted assignments and track all the cheating nature, structure of assignments and the applied punishments. Another finding was published by the Education Standard Authority in 2016 that reflects new areas of plagiarism. The data was produced on the basis of four factors such as: 1.The occurrence of plagiarism on the type of the assignment. 2.The related course in which the plagiarism is detected. 3.The variance of plagiarism that is taking place. 4.The related punishments that the students are getting for the act of the plagiarism.
8PLAGIARISM & COPYRIGHT A huge amount of data is receive in 2015 near about 206 schools reported about plagiarism and in 2016, 173 schools reported on the same. The number of cheating cases appeared in 2016 was 722 in total and out of which 374 cases related to plagiarism is recorded which is a 52% of all the recorded cases. In 2015, 333 cases of plagiarism is tracked out of 719 incidents of cheating, that makes the 46% of all tracked incidents. In 2014, 355 cases of plagiarism was tracked out of 630 incidents, it makes the 56% from the overall incidents in that year (Morgan 2016). Hence, it can be said that 2015 was the year for plagiarism in Australia, for the next year it decreased and again went up in the next year. The verdicts that the students received who were caught for plagiarism are that nearly in the 63% chances the students got zero in their assignment, the 29%got less marks and the remaining 8% got warnings (Velliaris and Breen 2016). It was clear that the plagiarized assignments got more number of zeros than the other average causes of cheating. Australian government has the federal system and under their constitution the laws of copyright also depends on the federal government only. The copyright is governed by the Copyright Act 1968 in Australia and no other law is available specifically for infringement of copyright (McLachlan et al. 2013). The Act distinguishes infringement of copyright in two parts and those are: 1.The first one is work which includes literature, music, drama, and creative works. 2.The second one includes all the areas other than work like films, recordings, and works related to televisions. This Act is enforced by the Federal Court in Australia, all the criminal offences and civil actions related to copyright act is enforced by that court only. The smaller civil copyright elements are conferred by the Federal Circuit Court. The higher courts also provides jurisdiction about
9PLAGIARISM & COPYRIGHT copyright except the applications which are under the section of 115A (Suzor et al. 2016). The verdict against copyright infringement are such as the infringer may have pay for damages that may range from a small amount to the highest of it (Gilmour et al. 2015). The court is able to stop all the works related to that copyright. The infringer may end up to the jail also. Students charged for Plagiarism and copyright infringement A plagiarism is committed by a student when he or she present his work or assignment or project as his own rather than giving actual credit to the original creator of that work. As discussed above plagiarism is considered to be unethical and dishonesty toward education. It effects negatively on the concerned student as well as the sources he or she has taken credits from (Lines 2016). The nature of plagiarism is always enduring and catastrophic for the students. Also the availability of internet have opened the chances for plagiarism more to the students. Students can find new ways to acquire plagiarism (Halupa 2014). If the concerned professor or teacher finds out about the occurrence of plagiarism then the student had to be charged severely and he or she may have to go through the judicial system as structured by the school or university. The schools and universities consider plagiarism as the highest offence and punishments against it are also strict. When plagiarism is dealt lightly, it lead to rewrite of the assignment otherwise expulsion (Chien 2014). It destroys student’s reputation, along with this the student can be expelled or suspended. It effects the track record of a student related to the ethical offense and it can cause difficulty in further studies. The academic reputation is hindered and creates a void for further development in the academic field. The legal actions towards plagiarism are much serious. The author who has the copyright of his work can sue the student if not given credit of his work is considered to be criminal offense, which can lead to imprisonment of that student (Yang 2014). In several international universities the plagiarism is handled with lowering the
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10PLAGIARISM & COPYRIGHT course grades, giving grades equivalent to failure in that particular subject and finally expulsion. Plagiarism in schools imposes penalty, limited time of suspension from school, and sometimes social probation. A huge amount of compensation may be charged to the students if they use copyrighted articles, journals or any sort of work without permission (Sutton et al. 2014). If once a student is charged with plagiarism and faces readmission to other institution, the charge of plagiarism may follow him and the institute may reject that student on that basis and even if they accept that student the trust issues will always be high. In colleges, the graduation may become difficult for the student who has been charged for plagiarism or copyright infringement and may not be allowed to participate is all the programs conducted by the university or college (Velliaris et al. 2015). In the long run, beyond university the mark of plagiarism may stay in the job field too and the student may get marked as unethical and dishonest employee. Conclusion It can be concluded from the above report that plagiarism is the violation of ethical norms related to academia. Plagiarism comes into practice when students do not give enough credit to the originality of the articles, or journals from where they have taken their idea of assignment or project. The four types of plagiarism shows the variance of it and those are mosaic plagiarism, direct plagiarism, accidental plagiarism, and self- plagiarism. The Copyright Act 1968 in Australia is governed by the federal government. All the possible punishment are given to the people who ever violates the Act with proper penalties, imprisonment etc. The infringement of copyright by the act of plagiarism occurs when plagiarism takes place from the copyrighted articles and journals and not give enough credits or cited in their own work. Several cases of plagiarism has been recorded in Australia in the 2015, 2014 and 2013, the percentage of plagiarism varied differently in all the three years and these came from the schools and college
11PLAGIARISM & COPYRIGHT only. The students who were found guilty of plagiarism are charged heavily like starting from lowering of course grade, penalties and that reach up-to suspension and expulsion. A counselling sessionmustbe providedto thestudentsoftheschoolsfortheproperknowledgeand consequences related to plagiarism. Those sessions must be conducted every 6 months. The college students must also go for sessions like that and before giving any assignment and project all student must be asked for briefing of their topic so that both the teacher and the student have the clear idea about the topic. The proper citation of articles, journals, books are taught in every semester to avoid accidental plagiarism too.
12PLAGIARISM & COPYRIGHT Reference Bartley, G.B., Albert, D.M. and Liesegang, T.J., 2014. Choosing our words carefully: plagiarism in the internet age.Ophthalmology,121(4), pp.807-808. Chien, S.C., 2014. Cultural constructions of plagiarism in student writing: Teachers' perceptions and responses.Research in the Teaching of English,49(2), p.120. Eaton, S.E., 2017. Comparative analysis of institutional policy definitions of plagiarism: A pan- Canadian university study.Interchange,48(3), pp.271-281. Fusch, P.I., Ness, L.R., Booker, J.M. and Fusch, G.E., 2017. The ethical implications of plagiarism and ghostwriting in an open society.Journal of Social Change,9(1), p.4. Gilmour, A.R., Gogel, B.J., Cullis, B.R., Welham, S. and Thompson, R., 2015. ASReml user guide release 4.1 structural specification.Hemel hempstead: VSN international ltd. Halupa,C.M.,2014.ExploringStudentSelf-Plagiarism.InternationalJournalofHigher Education,3(1), pp.121-126. Helgesson, G. and Eriksson, S., 2015. Plagiarism in research.Medicine, Health Care and Philosophy,18(1), pp.91-101. Hosny,M.andFatima,S.,2014.Attitudeofstudentstowardscheatingandplagiarism: University case study.Journal of Applied Sciences,14(8), pp.748-757. Kostenberger, A.J. and O'Brien, P.T., 2017. Salvation to the Ends of the Earth.Salvation to the ends of the Earth. Lines, L., 2016. Substantive editing as a form of plagiarism among postgraduate students in Australia.Assessment & Evaluation in Higher Education,41(3), pp.368-383. Martin, B.R., 2013. Whither research integrity? Plagiarism, self-plagiarism and coercive citation in an age of research assessment.
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13PLAGIARISM & COPYRIGHT McLachlan, R., Gilfillan, G. and Gordon, J., 2013.Deep and persistent disadvantage in Australia. Canberra: Productivity Commission. Morgan, H., 2016. Relying on high-stakes standardized tests to evaluate schools and teachers: A bad idea.The Clearing House: A Journal of Educational Strategies, Issues and Ideas,89(2), pp.67-72. Sun, Y.C. and Yang, F.Y., 2015. Uncovering published authors' text-borrowing practices: Paraphrasing strategies, sources, and self-plagiarism.Journal of English for Academic Purposes, 20, pp.224-236. Sutton, A., Taylor, D. and Johnston, C., 2014. A model for exploring student understandings of plagiarism.Journal of Further and Higher Education,38(1), pp.129-146. Suzor, N., Choi, R. and Pappalardo, K., 2016. Moments of Flux in Intermediary Liability for Copyright Infringement in Australia. InGlobal Governance of Intellectual Property in the 21st Century(pp. 129-149). Springer, Cham. Velliaris, D.M. and Breen, P., 2016. An institutional three-stage framework: Elevating academic writing and integrity standards of international pathway students.Journal of International Students,6(2), pp.565-587. Velliaris, D.M., Willis, C.R. and Pierce, J.M., 2015. International student perceptions of ethics in a business pathway course. InNew voices in higher education research and scholarship(pp. 232-250). IGI Global. WANG, J.A. and LIU, J., 2015. The Future of Copyright: A Research Based on the Internet Times.Journal of Nanjing Tech University (Social Science Edition), (2), p.16. Yang, W., 2014. A quantitative study of ESL/EFL students' understanding of plagiarism.