Legal Consequences of Plagiarism
Plagiarism, or the act of stealing someone else's written, visual or oral work and taking credit for it, is more than just unethical--it is also illegal and usually considered a violation of intellectual property and/or copyright laws. Depending on the extent of the plagiarism, the perpetrator can be prosecuted in civil or criminal court.
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Types of Plagiarism
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Although plagiarism is mostly associated with the written word, such as when a student does not cite a source accurately in a term paper, it can also apply to graphic images and music. Taking credit on a personal blog for a video on YouTube, for example, would also be considered plagiarism. There have been several celebrity cases of plagiarism involving musicians such as Madonna and rapper Vanilla Ice.
Plagiarism can be both accidental and intentional. Either way, it can still be prosecuted as a crime.
Avoiding plagiarism is more than simply forgetting or neglecting to cite original sources. For example, Plagiarism.org lists several kinds of accidental plagiarism examples in which sources may be cited, however, where the information can be found in the source is not properly listed or, in some cases, there is so much properly-cited information none of the paper itself is original.
Civil Penalties
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For the most part, plagiarism is treated as a civil violation and punishments will involve fines and having to pay court fees, although this may depend on statutes and whether the case involves intellectual property or copyright infringement.
According to plagiarism.com, most civil cases of plagiarism are considered a misdemeanor and can land the perpetrator up to one year in jail and fines ranging from $100 to $50,000 as of 2010.
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Criminal Penalties
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Plagiarism can also be a criminal offence on both the state and federal level, according to Plagiarism.com. If a person has significantly profited from another's material, at a general threshold of earning $250,000 or more off the stolen work, that person will most likely be tried as a criminal.
Criminal punishments can include fines up to $250,000 and/or up to ten years in jail.
Proving Plagiarism
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Proving plagiarism can prove to be a difficult task for prosecutors, which is why for the most part plagiarism suits are decided based on the facts of each individual case as opposed to on simply basic guidelines set by statutory parameters.
The first thing the accuser, or plaintiff, must prove is that the defendant had easy and full access to the plagiarized work. Secondly, the plaintiff must show a judge and jury that the material is similar enough to be considered plagiarism.
Public Domain
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If something was never copyrighted, or the copyright has terminated, that work is considered to be public domain and it can be borrowed---however, proper attribution and citation is still necessary.
Copyrights are generally set for a certain amount of years and then a set amount of time after that. For example, a copyright can last the lifetime of the author and then seventy years after the author's death.
Other areas, such as common facts, open government documents, and "compilations of readily available information, such as the phone book," can also be used without fear of committing plagiarism, according to Plagiarism.org.
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References
Resources
- Photo Credit lecture image by razorconcept from Fotolia.com
