There is often confusion regarding plagiarism and copyright. Very basically, plagiarism applies to ideas while copyright applies to a specific fixed expression such as an image, song, piece of art, etc. A copyright violation occurs when a person copies, distributes, displays, etc. a specific work that is not their own.
Plagiarism is unethical but not illegal. Copyright violations are illegal. Students and researchers may need to clear the use of an item through the Copyright Clearance Center.
Copyright vs. plagiarism. (n.d.). OIT Auburn University. https://cws.auburn.edu/OVPR/pm/tt/copyrightvplagiarism
Copyright "is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression" (USCO). Copyright applies to both published and unpublished works and offers exclusive rights to the creators of said works. Such rights inform both the commercial and non-commercial use of a work and include the privilege to:
What type of works can be copyrighted?
Fair Use is a copyright law exemption that “allows limited use of copyrighted material without permission for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.” It is often called the Education clause, but educational uses do not automatically qualify for Fair Use.
Four factors must be considered before Fair Use is allowed:
The Copyright: Applying Fair Use Guide at NYU Libraries provides an excellent summary of Fair Use and how to apply the four factors.
The 10% copyright guideline states if a person uses less than 10% of a total work or one chapter of a book that has more than 10 chapters, it can be considered Fair Use. This is not a law, but a guideline that has been upheld by courts as it shows good faith on the part of the user to use only a part of a work.
No copyright exception allows the use of an entire work for free. Generally, the smaller the piece of a work you want to use, the more likely it will be allowed under Fair Use.
LibGuides: Copyright and fair use guidelines: Home. (2023, March 6). UMGC Library - LibGuides at University of Maryland Global Campus. https://libguides.umgc.edu/copyright#:~:text=Generally%20speaking%2C%20the%20greater%20amount,it%20is%20a%20fair%20use
Creative Commons enables original works to be licensed on multiple platforms with more manageable copyright licenses. These licenses (like those below) center around the user's own sharing prerogatives - known as the "some rights reserved" model - to help disseminate their work with better feasibility.
Image: Foter, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0>, via Wikimedia Commons
A copyright owner has exclusive rights to authorize:
Use of copyrighted material must obtain permission from the rights holder if usage is not under fair use or public domain.
Public Domain describes the set of works not protected by copyright. These are held in the public commons and may include works with expired or non-renewable copyright, works not protected by copyright, or works intentionally placed in the public domain.
By Creative Commons - Public Domain, Link
