You can duplicate a work, rewrite a piece, perform a written work or do anything that is normally considered to be the exclusive right of the copyright holder. As such, copyright infringement is a very broad term that describes a variety of acts.
Copyright infringement is also against the law. A wide range of civil punishments can be levied against people who infringe upon copyrights and, in some cases, criminal charges can also be filed.
The one thing that ties all plagiarism together is going beyond merely duplicating the work, but also not crediting the source and thus taking the material for yourself. Thus, plagiarism is a very specific act and the term only means one thing. It is also, generally, considered to be a much more morally heinous act as it involves deception lying to others about the origins of the work and generally has a much greater impact on the copyright holder.
However, not all incidents of plagiarism are considered copyright infringement. Plagiarizing works in the public domain, though unethical, is not considered copyright infringement. Also, plagiarism, in and of itself, is not illegal. While it can be considered a mitigating factor in the event a legal dispute should arise, it is only considered illegal if it also constitutes copyright infringement.
Fair use is a legal gray area that refers to exceptions in the rights of copyright holders and allows for limited use of copyrighted material, even without permission. However, the conditions in which fair use can be claimed are not set in stone and depend upon four factors :. Are you going to use the material for monetary gain or for education or research purposes?
What is the characteristic nature of work — is it fact or fiction; has it been published or not? How much of the work are you going to use? Small amount or large? Is it the significant or central part of the work?
If your purpose is for research or education, your effect on the market value may be difficult to prove. However, if your purpose is commercial gain, then you are not following fair use. Recommended Fair Use Guidelines Guidelines for Print Materials Single Chapter from a book A single article from a journal issue or newspaper A short story, essay, or poem from an individual work A chart, graph, diagram, drawing, cartoon, or picture from a book, journal, or newspaper Guidelines for Distributing Copies Copies made do not substitute for the purchase of books or journals.
Provide a copyright notice on the first page of the material copied. Copying the works for subsequent semesters requires copyright permission.
Do not charge the students beyond the cost of making the photocopy. Guidelines for Using Materials Found on the Internet Look on the webpage to see if there is information on how to use the work. If guidelines exist - use them! Always credit the source of your information If you are using material from the Internet on your webpage ask permission or link to the site.
If you gather and receive permission to use the material keep a copy of your request for permission and their response. Guidelines for Using Multi-Media Multimedia works are created by combining copyrighted media elements such as motion media, music, other sounds, graphics, and text. What is considered a small portion? The limits on poetry are more restrictive. However, no more than 30 seconds may be used without gaining permission from the copyright owner or licensing collective. Illustrations and photos: Under the guidelines, "a photograph or illustration may be used in its entirety, but no more than five images by one artist or photographer may be incorporated into any one multimedia program.
However, the reader should also note that some publishers have established word limits for borrowing text. This would certainly be the case if the original article were published in a journal owned by one publisher and the second article were to appear in a journal owned by a different publisher.
Guideline 12 : Because some instances of plagiarism, self-plagiarism, and even some writing practices that might otherwise be acceptable e. Avoiding plagiarism, self-plagiarism, and other questionable writing practices: A guide to ethical writing Miguel Roig, Ph.
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