Copyright Laws and the University of Marylands Academic Integrity Policy - Research Paper Example

Copyright Laws and the University of Maryland’s Academic Integrity Policy The issue of copyright has remained one of great concern in all countries in the world. A lot of arguments have been posted by different people with divergent views on the use of other people’s creations or innovations. While some parties argue that reserving innovations or giving exclusive rights to the creators of innovations for their works inhibits further creativity, others believe that parties should be given such rights to encourage creativity and rewards talent. Some jurisdictions give recognition to innovators’ moral rights to receive credit for their works. This paper will discuss the issue of copyright laws and compares such laws to the University of Maryland’s integrity policy. Copyright and Copyright Laws Copyright according to the Australian’s Attorney General’s Department (2009) is a type of legal protection for persons who express original information or ideas in specific forms. According to the department, some of the most common of these forms include moving images, music, visual images, paintings, photographs, computer programs, maps, dramatic works and writing just to mention a few (Ochoa & Mark, 2002). Copyright in this respect protects not the information or ideas expressed but the form in which they are expressed or fixated (Australian Attorney General’s Department, 2009). Under the United States’ copyright laws (Clause 8 of the constitution), copyright is defined as the set of exclusive rights that are given to innovators or originators of works. Such rights include copying, distributing and adapting the works. In most countries including the United States of America, copyright does not have to be registered but arises at the moment the work is fixated. Once a copyright comes into force, the owner of the copyright has the special rights to control the copying and other exploitative activities that may be performed on the works for a certain period of time (Charlotte, Graeme & MacQueen, 2007). Once this period of time expires, the work goes to public domain. There are a number of exceptions and limitations that exist to the use of copyrighted material. One such limitation is fair use which requires not the permission of the copyright owner. All other uses of copyrighted materials demand permission from their owners who can opt to licence or transfer the ownership exclusively to other parties (Hatch & Lee, 2002). In the modern era, copyright laws to a great extent have been standardized through international agreements (Dowd, 2006). Such standardisations have been accomplished through conventions and directions like the European copyright directives and the Berne Convention. While this is the case, some aspects of copyright laws such as assignment, licensing and transfer still vary by jurisdiction. In the academic field, many institutions have extended copyright laws with the intention of maintaining their and students’ integrity among other reasons. Plagiarism and Academic Integrity Plagiarism which is the unlawful appropriation, copying, publication or purloining other people’s language, expressions or ideas has been common practice in many parts of the world (Tedford, 2003). Plagiarism also takes the form of representation of other peoples’ works and representing them as though they are for other persons. In academia, the issue of copying or resubmitting other people’s works has been one of great concern especially in learning institutions. Plagiarism goes beyond the real world and also may be committed on the internet. The penalty for plagiarism and other acts that show lack of integrity or dishonesty are punishable by expulsion, suspension, career damage and loss of marks in many academic institutions. University of Maryland Policy versus Copyright Law One academic institution that has developed policies to regulate or rather prevent academic dishonesty is the University of Maryland. The University has managed to do this through the establishment and strict enforcement of its academic integrity policy. The policy highlights a number of issues that relate to academic integrity and especially plagiarism (University of Maryland University College, nd). Apart from plagiarism, the policy notes cheating, fabrication, offering bribes, obtaining or giving assistance during examinations, presenting other people’s works as one’s own, having unauthorized beforehand knowledge of examinations, and using proxies during examinations all fall in the gamut of academic dishonesty (University of Maryland University College, nd). The policy, like with the country’s copyright laws, has the commitment to values such as honesty, respect, responsibility and fairness at its core. The University policy defines academic dishonesty as the failure to uphold academic integrity and outlines the procedures that are to be taken in the event that one is suspected to have committed dishonesty. According to the University, plagiarism encompasses acts such as copying in part or whole of other people’s works without citing the source in-text and in the reference section or without attributing creative works that have been used or referred to their owners. This means that illustrations, phrases, charts, figures and other ideas should be well referenced or possibly paraphrased to avoid acts of plagiarism. The policy takes into consideration the fact that there are cases where accidental plagiarism may occur and highlights how this can be avoided. As previously noted, some of the common ways of avoiding plagiarism include paraphrasing, using appropriate quotes, summarizing and acknowledging the sources that one uses in completing their papers or projects. US copyright laws have a provision for fair use of copyrighted materials (Templetons, 2008). This is also the case with the University of Maryland as people are allowed to use short excerpts of other people’s works as long as they credit them appropriately (Lindsey, 2003). What this means, for example, is that students may use direct quotes when necessary and within acceptable limit when they are discussing or critiquing somebody else’s work without going against the policy as long as they reference and cite the source appropriately. While copyrights may be transferred or licensed to other persons as noted by Marcello (2007), the Maryland University policy states denies its stakeholders the right to buying rights or from assigning/transferring ownership of already submitted materials to third parties. A lot of information and works exist in the public domain given that their copyright periods have passed according to Templetons (2008). With regard to the University of Maryland’s policies on plagiarism, nothing really is in the public’s domain. Better said, the university’s stakeholders may not use any source or copy any source without crediting the owner and citing it appropriately even though the source may not have a copyright notice appended to it. What this means is that students, lecturers or other stakeholders may not present any works or ideas and make claim to them for as long as they are not the original creators of such works regardless of whether by copyright laws they are ion the public domain. Conclusion Copyright laws have been in existence for quite a long time in many countries. The main aim behind the4 enactment of copyright laws is to give creators or innovators exclusive rights to derive benefits or credit for their valuable contributions to society. The laws govern a whole range of items including writings, music, computer programs, images, photographs and other items. While copyright laws are not focused on restricting the use of ideas or innovations, some people claim that they limit people’s capacity to be more creative. In the academic world, one issue that has continued to impact the integrity of people’s literary works is plagiarism. Plagiarism takes a variety of forms and is generally defined as the unlawful act of copying or using other people’s writings without giving them due credit. The University of Maryland, through its integrity policy, has managed to curb plagiarism to a great extent. The university’s policy on plagiarism generally is based on the country’s, and by extension, the international copyright law. In particular, the policy, like copyright law, focuses on encouraging honesty, responsibility, respect and fairness on the part of the scholar. There are slight difference between the copyright law and the university’s policy on plagiarism especially in regard to the application of the concept of public domain. References Australian’s Attorney General’s Department (2009) Copyright, retrieved 21st September, 2010 http://www.ag.gov.au/copyright Charlotte W., Graeme T. & MacQueen H. (2007) Contemporary Intellectual Property: Law and Policy, Oxford University Press. Dowd R. (2006) Copyright Litigation Handbook (1st ed.), Thomson West. Hatch G. & Lee T. (2002) "To Promote the Progress Of Science: The Copyright Clause and Congress' Power to Extend Copyrights". Harvard Journal of Law & Technology 16: 1–23. Lindsey M. (2003) Copyright Law on Campus, Washington State University Press. Marcello S. (2007) "Originality, Authenticity and Copyright", Sonus, VII (2): 77–85. Ochoa T. & Mark R. (2002). "The Anti-Monopoly Origins of the Patent and Copyright Clause", Journal of the Patent and Trademark Office Society 84: 909. Tedford R. (2003) “Plagiarism detection programs: A comparative evaluation”, College and University Media Review, 9(2), 111-18. Templetons B. (2008) 10 Big Myths about copyright explained, retrieved 21st September, 2010 http://www.templetons.com/brad/copymyths.html University of Maryland University College (nd) Plagiarism, retrieved 21st September, 2010 http://www.umuc.edu/ Read More