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Plagiarism Questions

What is Plagiarism?

Plagiarism is when an individual uses ideas word for word from another author. In other words, the individual copies the original ideas. Read below to find more answers regarding plagiarism laws by the Experts.

Would Plagiarism be an Academic Offense or a Criminal Offense?

It is likely that plagiarism would be considered to be an academic offense. However, the action taken against the offense could either be a criminal or a civil action.

Would it be plagiarism if individuals use philosophies, ideas or statements from a University’s Copyrighted Curriculum?

It is unlikely to be considered plagiarism if individuals use philosophies, ideas and statements from a university’s copyrighted curriculum provided the individual puts a citation in the text of the paper or report and also includes it in the reference section of the report. The individual will have to mention in the report where they got all the data from. If the data was obtained from the university’s website, the individual may put the name of the webpage, URL and the website where the information was found.

Would it be plagiarism if an individual tried to summarize a non-fiction work that is in the public domain?

It may not be considered plagiarism if an individual tried to summarize nonfiction work if it was in the public domain. Also, if there was no copyright on the nonfiction work, it would mean that the individual may be able to copy parts of the work. The individual can copy parts of the work as is if they would mention somewhere in the summary about what they have done.

Are there any legal standards for plagiarism?

There may not be any legal standards for plagiarism. It may be considered to be plagiarism only when there is a copyright violation. It is an academic or journalistic issue and hence does not have a legal standard. Other situations when plagiarism may come into picture would be when an individual tries to get access to any written work or report by fraud or deceit and then publishes it under his/her name.

What can an individual do if they have been accused of plagiarism by an Academic Institution?

The investigation process for plagiarism of an academic institution may be very unfair and secretive. It may be best for an individual who has been accused of plagiarism by an academic institution to hire an experienced intellectual property lawyer to handle the case for them especially if it can have a permanent effect on their future. Though in most cases, attorneys may not be allowed to attend any hearings, the attorney may still be of help if the individual wants to appeal the decision taken by the school.

What is the Statute of Limitations on Plagiarism?

The statute of limitations on plagiarism or copyright violations would be three years from the time the infringement stops. Hence, if an infringement occurs in the form of publication of any written work, then the statute of limitations would not start till the publication is stopped.

Can translations be plagiarized?

It is likely that translations may be plagiarized unless the copyright owner of the original work has authorized the translation.

Plagiarism, though not a legal issue, can have both criminal and civil consequences in certain situations. Hence, it is important for individuals who are working with anybody else that has written work to know about plagiarism and the different plagiarism laws. Not knowing these and blindly using somebody else’s work can get an individual into trouble. For more plagiarism laws, contact the thousands of available Experts for fast and reliable answers.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2749
Experience:  Experienced in intellectual property law
14461494
Type Your Intellectual Property Law Question Here...
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2 IP Lawyers are Online Now

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IP Lawyers are online & ready to help you now

Alex Reese
Lawyer
Satisfied Customers: 2588
Experienced in intellectual property law
Robert McEwen, Esq.
Lawyer
Satisfied Customers: 387
Licensed Texas General Practice Attorney
Thomas Swartz
Lawyer
Satisfied Customers: 374
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Recent Plagiarism Questions

  • This involves the theft by copyright infringement and

    This involves the theft by copyright infringement and plagiarism of my doctoral dissertation by my thesis mentor at a major university in the US. I filed a complaint at the time with the Office of Research Integrity ....a Dept of Oversight for DHHS over universities. ORI is mandated to investigate reports of scientific misconduct when they are reported to them. Universities are expected to set up their own alleged non biased panel for investigation as well. Recently I made a FOIA request for the ORI file in my case. I received a letter from FOIA redacting most of the file by claiming privacy under (b) (6) and also claiming another exemption (b) (7) (C) [withholding of personal information , in records compiled for law enforcement/investigatory purposes, the release of which would constitute an unwarranted invasion of personal privacy. ORI is not a law enforcement agency to the best of my knowledge. Under the personal privacy exemption (b) (6) they claim they have the right to withhold respondent and complainant names....but since I was the complainant this makes no sense as I know who each of us are - as I filed the complaint. Furthermore personal privacy is defined under FOIA as personnel and medical files, each of which would not have been relevant to my complaint. Since personnel and medical files should not have been part of or relevant to this investigation I cannot imagine how this exemption would hold and furthermore as per the second exemption claimed....since ORI is not a law enforcement agency it is unclear how FOIA can claim this exemption. How can one appeal to these erroneous exemptions by citing relevant laws that apply? How do I learn how to define what ORI is when in fact it is not a law enforcement agency as a means to counter their exemption?

    As per the above....an article appeared in todays NY Times entitled "some faculty at Harvard Oppose Policy on Assaults".   The article is stating that the Law School faculty oppose the sexual misconduct policy because it violates the basic principles of fairness and does not allow for due process.   They believe the cards are stacked against the accused whereby in my case where the university conducted its own investigation the cards were stacked in favor of the accused.  Many investigatory docs were redacted by FOIA and during the investigation I as the complainant was never given the opportunity to respond to the secret deliberations of the university.  Basically the university has a conflict of interest in these matters because if they find the accused guilty of scientific misconduct they can be hit with huge fines besides having to refund to the government federal grant monies that the faculty member might have been awarded.  So it is not in their interest to find the accused guilty.  In any case my question involves the secrecy and lack of due process.   If the procedures that are in place by a university are flawed and prevent due process...and if people like myself (the complainant) were prevented from confronting the accused and the defenders of the accused with rebuttal.....what can be done to create fairness?   Since the ORI is not a federal law enforcement agency and since the universities are not courts of law....is the only remedy to the secrecy and unfairness of these situations to file a lawsuit?   Who do you sue?  The university and the government or just one of them?  How does one go about claiming justice when a kangaroo court set up by the university at the instruction of the ORI creates an unjust end?

  • My website and my former colleagues website are similar as

    My website and my former colleagues website are similar as we sell the product (travel packages) both are on different templates but do not contain any of the same images or logos...he is claiming Plagiarism. I had an agreement to use his logo and branding and have since terminated the 'Agreement' and ceased to use any of his logos or brand images. The 'Agreement' was to governed under the Laws of England & Wales but he claims he's protected under US copyright laws. My company is based in the US his in England... He's trying to get my website taken down and has so far been semi-successful by claiming I'm using 'copyrighted' material ie his website. Can he do this
  • Is it plagiariasm or coyright infringement? On

    Is it plagiariasm or coyright infringement?
    On October 3rd, I published an article on News Americas Now under the headline: "President Obama: Deporter in Chief?" The data for my article was researched and obtained through detailed analysis of Department of Homeland Security stats - addition of deportation under five years of Bush and five years of Obama for each country in Latin America and then tallying the total.
    On October 10th, Tony Best, ***** ***** the New York Carib News writes a similar story - partial headline and all using the exact same data without any credit whatsoever. Is this Plagiarism or Copyright Infringement?
    Here are the two articles. You decide!
    http://www.newsamericasnow.com/president-obama-deporter-in-chief/
    http://www.nycaribnews.com/news.php?viewStory=4786
    Felicia
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