Copyright Law & Plagiarism Library 10 – Basic Information Competency

Presentation topics: The basics of copyright law. The definition of fair use. The definition of plagiarism. How to avoid plagiarism. The economic, legal and social issues of using information.

What is copyright? Copyright refers to the right of an author or creator to maintain control over his or her creative works.

Copyright and the Internet Most material available on the Internet, whether from freely accessible web sites, or subscription databases such as those available through the Mission College Library, are protected by copyright law, whether or not a statement of copyright is visible on the web page being used.

Changes in copyright law

When copyright restrictions don’t apply Creator gives permission to use the material. Material is in the public domain. Federal Government publications. All sources used in research must be cited regardless of the status of copyright restrictions.

When works pass into the public domain Published before 1923: Already in the public domain. Published from : 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If the copyright was not renewed, it is now in the public domain. Published from : 28 years from first term; now automatic extension of 67 years for second term. Created before but not published: Life + 70 years or , whichever is greater. Created before but published between then and : Life + 70 years or , whichever is greater. Created or after: Life + 70 years (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation). Compiled by Lolly Gasaway, University of North Carolina – 09/18/01 From notes courtesy of Professor Tom Field, Franklin Pierce Law Center

What is fair use? Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, research, and parody. Source: US Copyright Office: Fair Use [

Fair use considerations 1.The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work. Source: US Copyright Office: Fair Use [

What does “nonprofit education purposes” mean to you?

When should you get permission? When you intend to use the project for commercial or non-educational purposes. When you intend to duplicate the project beyond two copies allowed by the guidelines. When you plan to distribute the project beyond the scope of the guidelines.

What is plagiarism? Webster’s New Collegiate Dictionary defines the word plagiarize as: To steal and pass off the ideas or words of another as one’s own. To commit literary theft. Present as new and original an idea or product derived from some existing source. Self-plagiarism Presenting one’s own previously published work as though it were new.

What happens when you plagiarize? The Mission College Student Code of Conduct states: “Cheating, plagiarizing or knowingly furnishing false information in the classroom or to a college officer…is misconduct for which students are subject to disciplinary sanction.” - Mission College Catalog p.151

How can you avoid plagiarism? Take good notes while you are doing your research. Understand the basics of using information. In your papers and presentations, cite where you are getting your information.

Working together

Real life cases Copyright Infringement Plagiarism

What you learned: The basics of copyright law. The definition of fair use. The definition of plagiarism. How to avoid plagiarism. The economic, legal and social issues of using information.