BEST PRACTICES TO AVOID PLAGIARISM
AND COPYRIGHT INFRINGEMENT
Plagiarism Copyright Infringement
Image taken from http://dearauthor.com/features/letters-of-opinion/fan-fiction-plagiarism-and-copyright/, Jane Litte, March 18, 2012.
* What can be plagiarized?
Properly cite sources Use quotation marks, when
Assume that a client provides you with an original work
* What can be protected? * Any work of authorship fixed in a tangible medium * Examples: works of art, books, computer programs, manuals,
audio-visual works, jewelry, fabric designs, architectural works
* 35 U.S.C. 106 Exclusive rights in copyrighted works Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
* (1) to reproduce the copyrighted work in copies or phonorecords; * (2) to prepare derivative works based upon the copyrighted work; * (3) to distribute copies or phonorecords of the copyrighted work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
* (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
* (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
* (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Rights in Copyrighted Works
* Changing 10% of a work (the 10% Rule) will avoid infringing the work.
* Admission of not owning a copyright in an accused work (i.e. This is the work of ) prohibits me from being found liable for copyright infringement.
* I have to use the copyright symbol, , or I will lose protection.
* I will acquire copyright protection by mailing a copy of my work to myself.
* Registration with the U.S. Copyright Office is required to own a copyright.
http://nymanip.com/2016/04/07/5-copyright-myths-simply-arent-true/, Scott Nyman IP, April 7, 2016.
Copyright Infringement Jury Instructions
Anyone who copies original elements of a copyrighted work during the term of the copyright without the owners permission infringes the copyright.
On the plaintiffs copyright infringement claim, the plaintiff has the burden of proving both of the following by a preponderance of the evidence:
1. the plaintiff is the owner of a valid copyright; and
2. the defendant copied original elements from the copyrighted work. If you find that the plaintiff has proved both of these elements, your verdict should be for
the plaintiff. If, on the other hand, the plaintiff has failed to prove either of these elements, your verdict should be for the defendant.
Copyright Contributory Infringement Jury Instructions
A defendant may be liable for copyright infringement engaged in by another if [he] [she] [it ] knew or had reason to know of the infringing activity and intentionally [induces] [materially contributes to] that infringing activity.
If you find that [name of direct infringer] infringed the plaintiffs copyright in [allegedly infringed work], you may proceed to consider the plaintiffs claim that the defendant contributorily infringed that copyright. To prove copyright infringement, the plaintiff must prove both of the following elements by a preponderance of the evidence:
1. the defendant knew or had reason to known of the infringing activity of [name of direct infringer]; and
2. the defendant intentionally [induced] [materially contributed to] [name of direct infringers] infringing activity.
Copyright Contributory Infringement Jury Instructions
If you find that [name of direct infringer] infringed the plaintiffs copyright and you also find that the plaintiff has proved both of these elements, your verdict should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove either or both of these elements, your verdict should be for the defendant.
Copyright Infringement Penalties
Go to jail. Pay court and attorneys fees. Impound and dispose of infringing works. Pay fine for each work that was infringed. Injunction issued to cease infringing activity.
* Which is it? 1. Publishing or copying William Shakespeares Romeo and
Juliet under your own name.
2. Publishing The Hunger Games by Suzanne Collins under her name and without permission.
3. Uploading a YouTube video of yourself where thousands of viewers watch you sing a cover of Justin Beibers Love Yourself (you credit Beiber with being the original artist).
* All works will eventually end up in the public domain and lack copyright protection.
* Works published in the United States prior to 1923 are in the public domain.
* Copyrighted works published in the United States from 1924-1978 are in the public domain for 95 years from the publication date.
* Copyrighted works published in the United States after 1979 are in the public domain for the life of the author plus 70 years. For companies or work made for hire, the works are in the public domain the shorter of 95 years from publication or 120 years from creation.
Fair Use Factors
* In a nutshell, fair use concerns commentary and criticism, or parody.
* 17 U.S.C. 107 Limitations on exclusive rights: Fair use (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
* The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Darin M. Klemchuk Managing Partner