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ACADEMIC INTEGRITY: COPYRIGHT

What is Copyright?

Copyright gives protection to the owner of the rights to an original work. The owner will often be the creator,Copyright Basics - Copyright Information - LibGuides at McHenry County  College although this is not always the case.This means that individuals who want to reproduce the original work of others may need to seek permission to do so.

Copyright...

  • is an automatic right which allows those who create content to dictate how others can use that content
  • does not protect ideas
  • does protect the expression of ideas (e.g., writing down or drawing the idea)
  • is determined by law.

 

Copyright law applies to a broad range of intellectual property, including:

  • Writings: Books, articles, reviews, poems, essays, blogs, plays, movies, and broadcasts
  • Website contents: Text, pictures, graphics, and even the page layout
  • Computer programs: Business, personal, and entertainment
  • Motion pictures or audio: Movies, TV programs, and podcasts
  • Music: Lyrics and instrumentals, both recorded and performed
  • Artistic works: Paintings, drawings, sculptures, graphics, maps, charts, and photography
  • Original architectural designs: Designs for municipal, commercial, and residential buildings, bridges, highways, and tunnels

The minimum punishment for infringement of copyright for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

THE COPYRIGHT ACT, 1957 (14 OF 1957)

FOR ALL INFORMATION ON COPYRIGHT IN INDIA- PLEASE ACCESS THIS GOVERNMENT OF INDIA SITE ON COPYRIGHT AND THE COPYRIGHT ACT, 1957 (14 OF 1957)

Understanding Copyright, Public Domain, and Fair Use

How Long does Copyright Last?

COPYRIGHT AND PLAGIARISM

What should I know about how Copyright, Plagiarism, and Fair Use

copyright and plagiarism relate?

How is copyright related to plagiarism? 

 

 

Plagiarism is best defined as the unacknowledged use of another person’s work. It is an ethical issue involving a claim of credit for work that the claimant did not create. One can plagiarize someone else’s work regardless of the copyright status of that work. For example, it is nonetheless plagiarism to copy from a book or article that is too old to still be under copyright. It is also plagiarism to use data taken from an unacknowledged source, even though factual material like data may not be protected by copyright. Plagiarism, however, is easily cured – proper citation to the original source of the material.

Copyright infringement, on the other hand, is the unauthorized use of another’s work. This is a Copyright Infringement Damages | Klemchuk LLPlegal issue that depends on whether or not the work is protected by copyright in the first place, as well as on specifics like how much is used and the purpose of the use. If one copies too much of a protected work, or copies for an unauthorized purpose, simply acknowledging the original source will not solve the problem. Only by seeking prior permission from the copyright holder does one avoid the risk of an infringement charge.

 

Q.What if I just take an idea from another source but do not copy the words?  Plagiarism & Copyright Infringement - Difference | ApplyTrademark

Copyright does not protect ideas, only the specific expression of an idea. For example, a court decided that Dan Brown did not infringe the copyright of an earlier book when he wrote The Da Vinci Code because all he borrowed from the earlier work were the basic ideas, not the specifics of plot or dialogue. Since copyright is intended to encourage creative production, using someone else’s ideas to craft a new and original work upholds the purpose of copyright, it does not violate it. Only if one copies another’s expression without permission is copyright potentially infringed.

To avoid plagiarism, on the other hand, one must acknowledge the source even of ideas that are borrowed from someone else, regardless of whether the expression of those ideas is borrowed with them. Thus a paraphrase requires citation, even though it seldom raises any copyright problem.

 

KEY VOCABULARY

COPYRIGHT RULES TO REMEMBER

The Ultimate Guide to Copyright, Creative Commons, and Fair Use for  Teachers, Students, and Bloggers

COPYRIGHT FAQS

So, if I want to use a work for educational purposes, isn't that Fair Use?

Possibly, but not necessarily. Fair Use allows limited use of copyrighted works without requiring permission from the copyright holder for a number of educational purposes -- commentary, criticism, research, teaching, or scholarship. However, it is important to remember that an educational purpose alone does not mean that your use will be protected as Fair Use. Copyright law sets forth a number of fact-specific criteria that must be evaluated to determine whether a use is "Fair." 

What if I just copy portions of my friend's textbook instead of buying my own?

If you don't buy your own copy of the textbook, you are violating copyright law as well as stealing from the textbook publisher.

Do I need permission to link to materials on the web?

Generally, merely providing links to materials on the web does not require the permission of the copyright holder. It is a good rule of thumb to use linking to provide access to copyrighted materials whenever possible, rather than posting PDFs or otherwise reproducing web materials.

What is Public Domain?

The Public Domain consist of works that are available to use without permission.

There are many reasons a work might be in the public domain. A few common reasons are:

  • In India, depending on the nature of the content, copyright would generally subsist in it for a term of either sixty years after its author's death or sixty years after its publication. As such, once this term is at an end, the content enters the public domain.
  • The work was dedicated to the public domain 
  • The work does not qualify for copyright protection (i.e. facts and ideas) 

a public domain symbol; the letters p and dPublic Domain Symbol; crossed out letter Ca public domain symbol; the letters d and p

Common symbols for public domain works. Also look for works labeled as "no known copyright restrictions"