The Issues of Plagiarism - Term Paper Example

Copyright Matthew Walker Western Governors The term copyright refers to the right of any over the copy of his or her work.Copyright laws, which were introduced as early as the 1700s, had been duly followed even by the Kings of that era. However, infringement or copyrights in which due credits are not given to the author concerned have become a seriously debated issue over the past many years especially with the advances in technology. Problems have arisen as more people are claiming their rights to the work done whether it is a painting, writing, product, music or any original work. Considering the need to protect the copyrights of an individual’s work, copyright laws have been framed and implemented in many countries. However, despite the presence of such laws infringement statistics rates have increase manifold with the major causes attributed to quicker and easier access to internet and all other sources of information which have become readily available in today’s world. Copyright has been in existence for several centuries and many laws have been introduced to protect the copyrighted work of an individual. The historical perspective of copyrights dates back to 1710 when the Statue of Anne was introduced in Great Britain. The need for the introduction of copyright is expressed in the Constitution of the United States as “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.” The duration of the copyright has been internationally standardized and it lasts between fifty to a hundred years from the death of the author and in cases of anonymous or corporate authorship the duration is for a shorter period. Some jurisdictions require certain formalities to be completed in order to establish copyright, but in most cases the copyright of any completed work is given due recognition without the need for a formal registration. And while any infringement of copyright is normally enforced as a civil case, some jurisdictions apply criminal sections for such acts (Copyright, n.d.). The earliest recorded historical case-law on copyright comes from ancient Ireland. The Cathach is the oldest extant Irish manuscript of the Psalter and the earliest example of Irish writing. It contains a Vulgate version of Psalms xxx to CV with an interpretive heading before each psalm and it is traditionally ascribed to St.Columbia by St. Finnian. When a dispute arose about the ownership of the copy, the then King, Diarmait Mac Carbhuil gave the following judgment, “To every cow belongs her calf, and therefore to every book belongs its copy.” The arbitration failed and the Psalter of St. Columbia was handed over to the O’Donnells after the battle of Cui Dreimhne in A.D. 561. This principle thus became encoded in Irelands ancient Brehon Laws. (Copyright, n.d.) The statistics of copyright infringement is quite alarming as the most recent copyright infringement statistics cites that almost 30 percent of software is pirated in the United States. In other words this means that nearly 30 percent of computer software is illegal. The number of suspects referred to the United States attorneys with regard to intellectual property thefts increased by nearly twenty-six percent between the years 2002 and 2004, and since this number has only continued to rise (Scott, n.d.). Copyright infringement is affecting every aspect of intellectual property rights. Several unsuspecting individuals, ranging from college students to working professionals, are downloading music on a consistent basis illegally. The copyright infringement statistics provided by the music recording industry indicates the seriousness of the problem. Apart from music the statistics has also revealed that the number of people downloading games from the internet has also increased over the years ranging from a litany of games available to us from complete alternate worlds, to the more mainstream games. Everyone who has a computer invariable downloads these games which are fun to play with; however, most of them are not freeware. In addition to computer games, the copyright infringement statistics also reveal that movies are also downloaded in large numbers on the internet. Apart from games, music and movies written works such as articles, books and poetry are also subjects of copyright infringement. Most of the copyrighted works are being used illegally by people without giving proper credits to the author. Experts have always maintained that due diligence given to the work done by an individual will save people from potential law suits and criminal cases (Scott, n.d.). While some people continue to debate on the issue of copyright infringement, it is still an illegal act as stated in the definition of copyright “Copyright infringement is using someone else’s creative work, of visual art, a photograph, and other creative works, without authorization of compensation, if compensation is appropriate”(Hom, 2008). The author of any original work, including books, essays, web pages, songs, pictures, and videos, automatically retains the copyright to his or her work, even if they do not label it with the copyright symbol or their name. The work must, however, be in tangible form and the owner of the copyright gets to decide who can legally make copies of that work (Hom, 2008). The copyright laws include several type of infringement practices of which some are outlined below. In case of Indirect Infringement even if an individual does not directly infringe any of the exclusive rights in a copyright, an individual may be guilty of Indirect Infringement as either a “Contributory Infringer” or a “Vicarious Infringer” The Supreme Court has borrowed contributory infringement from the patent statue and noted that vicarious liability is common in the law (Hollaar, 2009). Contributory Infringement refers to cases where an individual knows of the infringement of another and substantially participates in that infringement, such as inducing, causing, or materially contributing to the infringing conduct. The participation could take the form of providing a device or service, which has no other substantial usage, which facilitates the infringement (Hollaar, 2009). In cases where there has been a direct infringement and the vicarious infringer is in a position to control the direct infringer and benefits financially from the infringement it is referred to as Vicarious Infringement. Both contributory and vicarious infringement has been a major consideration in cases regarding the use of digital information on the Internet (Hollaar, 2009). While some people can directly infringe a patent by making, selling, or using the protected invention, others can do so indirectly by either contributing or inducing another individual to infringe, which eventually leads to direct infringement. There are however, differences between contributory and induced infringement as the former involves multiples parties as contributors to an infringement process while in the later case the accused knowingly induced another individual to infringe material. In case of contributory infringement it must be proven that the infringer was aware of the patent and the infringement. In the case of induced infringement that the accused infringer’s acts caused the other individual to infringe material needs to be proven substantially (Rational Damages, n.d). Legal courts have assigned civil and criminal penalties for copyright infringement and any person found guilty of violation of these rights is likely to face a law suit. There are substantial consequences for infringing a copyright. Any person caught infringing will be subject to forfeiture, destruction, and restitution and will also be fined not more than $2,500. Any person removing a copyright notice will be subject to a $2,500 fine. Any person caught replicating copyrighted material will face a charge of no more than $2,500 (Copyright Law of the United States of America). In some cases, the courts may direct those found guilty to pay the fees of the copyright owner’s lawyer in addition to their lawyer (Hom, 2008). A copyright notice issued along with the author’s material strengthens the protection by warning people about the legal consequences of misuse of the material and also allows the owner to get more and different damages, which is however not necessary. If any material looks copyrighted, one should abide by the copyright rules and regulations (Templeton, 2008). The correct form for a notice is “Copyright [dates] by [author/owner]” followed by the phrase “All Rights Reserved.” This phrase was required in some nations but it is now not legally needed in most countries (Templeton, 2008). The copyright law was recently amended by the Digital Millennium Copy Right Act which has since changed the rights of copyright ownership in many ways. This act has included a higher degree of legal strength behind copyright-protection systems and as a result making programs illegal and reducing the reality of fair use rights. (Templeton, 2008) The current law in the USA requires neither a notice of a copyright nor a registration of the work in the US copyright office. However, if a work does have a notice, then an individual cannot claim a “defense based on innocent infringement in migration of actual or statutory damages”.(Standler, 2009) In general any individual guilty of copyright infringement is liable for either the copyright owner’s actual damages or any additional profit of the individual in statutory damages. (Remedies for Infringement Damages and Profits, 2009). In cases where an individual is accused of piracy, the original author will put forth a claim that the accused party has unlawfully copied part or all of the original authors work. Computer software, video games, music and DVDs are common objects of copyright infringement due to the P2P or Person-to-Person sharing of material (Piracy or Copyright Infringement). Most of the copyright laws have been formulated in terms of books, audiovisual works, and sound recordings. While the basic principles of copyright law are the same for all types of media, it is not yet clear how some of these principles apply to the Internet. (Standler, 2009) In addition to legal consequences copyright infringement also affects the economy of a country as indicated by a recent study by the Institute for Policy Innovation, which had stated that “Copyright infringement costs the U.S. economy $58.0 billion in total output, costs American workers 373,375 in jobs and costs the government $2.6 billion in tax revenue”. (Wright, 2007). Thus if an individual needs to use another individuals copyrighted work it is necessary to first obtain the required permission for use of the work from the person concerned. When permission is sought to quote a song lyric, the author or the record company who own the rights to the song can be contacted and requested for permission. Many large publishers are posting their copyright permission request forms in their internet home pages. However, such forms might to difficult to obtain in case of a work done solely by the writer. A similar protocol needs to be followed in case permission is needed to quote a piece of art, wherein the artist or the art dealer could be contacted directly for their approval. Thus getting a go ahead from the author is the first and foremost legal obligation when copyrighted material is to be reproduced. It would also be unfair to overlook the protocol in cases where the work is done by a lesser-known author. A copyright is always a copyright irrespective of the author or the material. Different laws apply to the use of Internet sources which have to be followed prior to use of the material. For use of certain copyrighted material a fee based on the work may be applied for reproducing the matter, while it may also be free of cost in other cases, either of which is solely left to the discretion of the author or the creator (How to Get Permission to Use Copyrighted Material, 2008). With the advancing use of the internet it has become an overwhelming problem when it comes to the copyright laws and its strict application to internet users. In conclusion, it is impertinent that copyrighted work be given their due and following the legal protocol is always safer for the individual, the owner as well as the economy. It is a way of respecting the intellectual property rights of an individual. It should be borne in mind that even stealing one song from the internet is adding to the millions being downloaded illegally every day. While it would be impossible for many to steal something off a store or a market, a similar conscience should be applied even when we use material from the internet or from hard copies. And it is also necessary to always bear in mind the legal consequences of copyright infringement before we use another individual’s material. Works Cited Copyright. (n.d.). Retrieved 15 August, 2011, from http://www.wikipedia.com Copyright Law of the United States of America. (n.d.). United States Copyright Office. Retrieved 15 August, 2011, from http://www.copyright.gov Hollaar, P. L. (2009, January 5). An Overview of Copyright. Retrieved 15 August, 2011, from http://www.digital-law-online.info Hom, D. (2008, October 1). Plagarism Checker. Retrieved 15 August, 2011, from http://www.plagarismchecker.com How to Get Permission to Use Copyrighted Material. (2008, November 25). Retrieved 15 August, 2011, from httP://www.ehow.com Piracy or Copyright Infringement. (n.d.). Retrieved 15 August, 2011, from http://www.chillingeffects.org Rational Damages: Understanding Patent Infringement Criteria in IP Litigation. (n.d). Retrieved 15 August, 2011, from http://www.consor.com/intellectual-property-advice/understanding-patent-infringement-criteria-in-ip-litigation.html Remedies for Infringement Damages and Profits. (2009, January 5). Retrieved 15 August, 2011, from http://www.law.cornell.edu Scott, B. (n.d.). Copyright Infringement Statistics. Retrieved 15 August, 2011, from http://www.researchcopyright.com Standler, R. B. (2009, December 21). Some Observations on Copyright Law. Retrieved 15 August, 2011, from http://www.RBS2.com Templeton, B. (2008, October 1). 10 Big Myths About Copyright Explained. Retrieved 15 August, 2011, from http://www.templetons.com Summary The methods I used to correct my paper were simple as I first re-arranged a lot of the content and its placement to improve the flow and maintained the thought process throughout my paper. I have checked my grammar and spelling errors in the final draft and other mistakes that I might have overlooked. Along with these corrections, I also added additional research material and added appropriate content to go along with my paper’s main theme. I rearranged the lining of my paper along with the font size and the font being used, and I added more content to the conclusion of my paper. I broke up some of my paragraphs so that the paper would be easier to read and understand. I also finally re-read my paper to make sure it would make sense to the reader and to ensure that it was easily manageable and had a continued and centralized thought process through the length of the paper. Read More