1. Copyright and Plagiarism
in the Digital Age
Matthew P. Ciszek
Head Librarian
Penn State Shenango - Lartz Memorial Library
mpc16@psu.edu
With special thanks to Becky Albitz and Anna Pilston
for information and support related to this presentation
12/29/2011

2. What is Copyright?
Origins— ―The Congress shall have Power…To
promote the Progress of Science and the useful
Arts, by securing for limited times to Authors and
Inventors the exclusive right to their respective
Writings and Discoveries…‖ United States
Constitution, Article I
Definition—The exclusive right given by law for a
certain term of years to an
author, composer, designer etc. (or his assignee), to
print, publish and sell copies of his original work.
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3. Exclusive Rights of Copyright
Holder
 Make copies
 Make derivative works
 Distribute copies
 Perform the work publicly
 Display the work publicly
 In the case of a recording, perform the
work publicly by means of digital audio
transmission
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4. Fair Use
“Use of a copyrighted work, including
reproductions for purposes such as
criticism, comments, news
reporting, teaching, scholarship or
research is not an infringement of
copyright.‖
There are 4 factors that are used to
determine whether a use falls under
the protection of Fair Use.
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5. Four Factors Determining Fair
Use
1. The purpose and character of
use, including whether such use is of a
commercial nature or is for nonprofit
educational purposes;
2. The nature of the copyrighted work
(published or unpublished; fiction or
nonfiction);
3. The amount and substantiality of the
portion used in relation to the copyrighted
work as a whole;
4. The effect of the use upon the potential
market for or value of the copyrighted
work. 12/29/2011

6. Application of Fair Use
 Basic Books v. Kinko’s Graphics
Corporation
 Sony Corp. v. Universal City Studios
(Betamax case), MGM v. Grokster
 Campbell v. Acuff-Rose Music
Inc., Suntrust Bank v. Houghton Mifflin
Co. (Pretty Woman and The Wind
Done Gone)
 RIAA v. John Doe
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7. 11 Myths About Copyright
(www.templetons.com/brad/copymyths.html)
1. ―If it doesn’t have a copyright notice, it’s not
copyrighted.‖
2. ―If I don’t charge for it, it’s not a violation.‖
3. ―If it’s posted [on the Web], it’s in the public
domain.‖
4. ―My posting was just fair use. ‖
5. ―If you don’t defend your copyright, you lose it.‖
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8. 11 Myths (continued…)
6. ―If I make up my own stories, but base them
on another work, my new work belongs to
me.‖
7. ―They can’t get me; defendants in court have
powerful rights!‖
8. ―Oh, so copyright violation isn’t a crime or
anything.‖
9. ―If it doesn’t hurt anybody – in fact, it’s free
advertising.‖
10. ―They emailed me a copy, so I can post it.‖
11. ―So I can’t ever reproduce anything.‖
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9. What is Plagiarism?
Plagiarism is the act of stating or implying that another
person's work is your own. You commit plagiarism if you:
 Submit a paper to be graded or reviewed that you have not
written on your own.
 Copy answers or text from another classmate and submit it as
your own.
 Quote or paraphrase from another paper without crediting the
original author.
 Cite data without crediting the original source.
 Propose another author's idea as if it were your own.
 Fabricate references or using incorrect references.
 Submit someone else's
presentation, program, spreadsheet, or other file with only
minor alterations.
 Copy and paste content from any electronic document into
your paper without attribution.
From TLT Plagiarism web site
http://tlt.its.psu.edu/suggestions/cyberplag/cyberplagstudent.html
12/29/2011

10. Plagiarism and Digital Media
◦ Material on the Web is not freely
available—those who create it hold the
copyright to it, and retain their exclusive
rights.
◦ Best rule of thumb, unless the site states
otherwise—get permission!
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11. Plagiarism and Library
Databases
 The library licenses access to hundreds of
databases (ProQuest, PsychInfo, Nature, etc.)
 Even though the library pays to offer access, we
do not own the content.
 You must cite anything you quote from an
electronic resource as though you are quoting
from a book or journal.
 Go to
http://www.libraries.psu.edu/gateway/refere
nceshelf/writ.htm and look in the Writing
Resources/Style Manuals for information about
proper citation formats.
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12. Plagiarism—why is it wrong?
Penn State University is an institution of both learning
and research. When you commit plagiarism, you
hurt yourself and the community in the following
ways:
 You deny yourself the opportunity to learn and
practice skills that may be needed in your future
careers. You invite future employers and faculty to
question your integrity and performance in
general.
 You commit fraud on faculty who are evaluating
your work.
 You deprive another author due credit for his or
her work.
 You show disrespect for your peers who have
done their own work.
From TLT’s Plagiarism web site
http://tlt.its.psu.edu/suggestions/cyberplag/cyberplagstudent.html
12/29/2011