Plagiarism is misrepresenting another's ideas as your own.
According to Plagiarism.org, plagiarism involves two elements: taking another person's words or ideas, and passing them off as your own. This can be outright, such as direct copying and misrepresentation, or it can be unintentional, as when someone implies she wrote something by inadvertently failing to use quotation marks or to cite a source. While plagiarism is always a serious academic offense, in some instances it can also be grounds for a lawsuit resulting in civil or criminal penalties.
Laws Regarding Plagiarism and Copyrights
Plagiarism and copyright infringement are related offenses, and legal penalties for plagiarism are imposed because the act of plagiarism infringes on a copyright. According to the United States Copyright Office, a work is legally copyrighted "from the time a work is created in a fixed form." A story published on the Internet, a photograph in a book and a video posted to YouTube are all examples of copyrighted works, and if a person other than the copyright holder wishes to use them, the law requires that he obtain permission. Certain legal exceptions exist to this requirement, most of which fall under the doctrine of fair use, which allows small parts of works to be used, for example, in academic papers or articles, as long as credit is given. The creator of a work does not have to register it with the U.S. Copyright Office in order for copyright protection to exist, although registration is helpful should an act of plagiarism arise.
Civil Penalties
Civil penalties for plagiarism that involves copyright infringement are in the form of fines. They are defined by statute and range from $250 to $150,000, although a judge may impose higher fines if she determines the violator acted willfully and the use wasn't inadvertent. A court may also order any profits made from the violation to be turned over to the holder of the copyright. The largest plagiarism award ever involved musician Michael Bolton's alleged plagiarism of the melody of an Isley Brothers song, "Love is a Wonderful Thing," in his own song by the same title. Although Bolton claimed never to have heard the Isley Brothers' song, the jury in Three Boys Music v. Michael Bolton nevertheless found he had inadvertently plagiarized the melody and awarded the Isley Brothers $5.4 million. The award was affirmed by the Ninth Circuit Court of Appeals, and the U.S. Supreme Court declined to review the case, letting the award stand.
Criminal Penalties
Because Bolton's plagiarism was found to be inadvertent, he only faced civil penalties. Had he consciously and willfully infringed on the Isley Brothers' copyright, he could also have faced a separate criminal action. Criminal penalties for plagiarism include fines in an amount to be determined by the court and a prison sentence of one to five years, depending on the scope of the piracy.
Tags: Isley Brothers, penalties plagiarism, Brothers song, copyright infringement, Copyright Office, Isley Brothers song, Michael Bolton