While overall, the Internet has afforded organizations as well as individuals, access to a vast array of informational resources and services, said accessibility within educational settings can also foster unethical behavior in terms of academic integrity. Specifically, online education is particularly susceptible to issues pertaining to plagiarism and academic honesty due to the unique characteristics of its learning environment. Although the current heighten emphasis concerning academic integrity is primarily attributable to the convenience and anonymity of online accessibility, plagiarism and academic honesty issues have been documented throughout history. In the same vein, longstanding cultural influences, especially in the case of foreign students, represent yet another obstacle in the path of ethical academic conduct.
In order to become more cognizant of issues pertaining to academic misconduct, an exploration of the types of plagiarism and academic dishonesty is essential. Definitions of key terms establish a viable starting point for the recognition of and subsequent prevention from various forms of academic dishonesty. In particular, detection of plagiarism is accomplished by employing various strategies and technologies that range from analyzing a student’s writing style to use of online applications that search for replicated text, ideas, and expressions. Techniques are also available to aid in identity verification and the secure administration of examinations.
Substantiated instances of academic misconduct are subject to consequences as ordained by organizational policies. Due to varying interpretations of plagiarism and academic dishonesty across the gamut of educational settings, policies and consequences are widely divergent. From newspaper publishers to K-12 institutions, virtually all entities profess a desire to maintain a high level of academic/journalistic integrity. In keeping with this commitment, proactive behavior dictates, stakeholders are to be educated as to the dimensions of academic integrity and the corresponding policies and consequences stipulated by the governing institution/organization. As supplemental reinforcement, stakeholders should also be familiarized with the legal statutes (copyright and fair use) upon which various aspects of said policies are grounded.
A meaningful discussion of plagiarism and academic honesty cannot be limited solely to a litany of definitions. Instead, an exploration of subsidiary topics must also be undertaken to satisfy the maxim of well-rounded discussions. Essentially, we strive to answer the who’s, what’s, when’s, where’s, why’s, and how’s of academic misconduct from multiple perspectives.
Background
What is honesty? The Merriam-Webster Website defines honesty as integrity or adhering to moral values. Adhering to moral values while in an academic setting is important to the learning process. “Academic integrity refers to honesty and transparency in the ways in which knowledge is acquired and transmitted,” (Hayes and Introna, 2005, p. 213). They also note the following actions which compromise academic honesty and academic integrity:
Academic integrity means that students must do their own work, have the required knowledge in order to pass exams, and create unique work during the course to demonstrate competence in the subject matter. Teaching online poses unique challenges for instructors to ensure academic integrity is being practiced by their learners.
Plagiarism is from the Latin word “plagiare” which means “to kidnap” (Hendee, 2007). Using someone else’s words and not crediting them for the information is a form of academic dishonesty. Plagiarism is fraud; taking something that is not your own (Rao, 2008).
Students now have so much information at hand that it has become easier than ever to plagiarize. Rao (2008) describes how students would spend many hours in the library searching for and reviewing material to copy. Through this process, students were in fact, still spending time with and learning some of the content.
However, technology has changed the searching and reviewing process. The Internet has made the process of cheating and copying simple (Fisher and Hill, 2004). The ability to cut and paste information from Websites and other electronic sources makes plagiarism a quick breach of ethics and the amount of time students are spending actually looking at the material has significantly decreased.
Plagiarism is a complex issue and is hard to define (Leask, 2006). Plagiarism is when an author does not:
(Rao, 2008)
A common form of plagiarism is called patchwriting. Patchwriting is copying words and then making subtle word and grammar changes to the content. This type of plagiarism is done when students do not know how to word something and is often used by foreign students who do not speak the language confidently. It is also a common practice when students do not fully understand the content (Hayes and Introna, 2005).
Some plagiarism is done without the offender’s knowledge (Hayes and Introna, 2005). For example, cryptomnesia is a form of plagiarism that occurs when an author submits an idea that they believe to be their own, when in fact it is someone else’s idea that they are remembering (Rao, 2008). Authors can also commit plagiarism by not referencing their own work. Auto-plagiarism is when an author uses content from a previous work and does not cite the original work upon submission (Rao, 2008). While it is true that some students commit plagiarism because they are unsure of the meaning, many plagiarize because they are not good time managers, are unhappy with the material they are learning, or for a variety of other reasons (Hayes and Introna, 2005).
History of Plagiarism and Academic Honesty
According to Rao (2008), plagiarism has been around for a very long time. “Plagiarism seems to have existed as long as the written word,” (Fedler, 2006, p. 24). Many famous names from history have been accused of plagiarism including Jimmy Carter, Shakespeare, Helen Keller, and even Madonna. Other notable accused plagiarists include Voltaire, Dickens, and Mark Twain (Fedler, 2006). Plagiarism has been found in all professions from journalism to politics to the arts Rao (2008).
Long ago, it was a common to have someone of importance or fame lend a name to a work to give the work credibility (Rao, 2008). Writers would give credit to others in order to distribute their ideas. In early journalism, editors were in the printing business. They were not writers. It was a common practice for editors to trade stories (Felder, 2006). As college educated journalists started to emerge, codes of ethics and groups of professionals changed how information was being reported and used.
Plagiarism was more acceptable in the past than it is today. As our culture changes, so do our ideas of the seriousness of plagiarism (Rao, 2008). However, the global reach of the Internet and the vastness of the online learning community provide almost unlimited content and opportunity for plagiarism to occur.
Cultural Influences
Where we are in history has changed the way that we look at plagiarism and academic honesty. It also seems that where we are geographically plays a part in our definitions. Different cultures have different points of view on what constitutes academic integrity. For example, in Europe, professors often publish works in their own name that have been written by an assistant (Rao, 2008). This practice would be considered unethical in our culture.
Our academic community is growing increasingly diverse and foreign students are struggling with new and complicated ideas (Leask, 2006). Academic honesty may be very difficult for them to achieve for many reasons. For example, Hayes and Introna (2005) note that many Asian students learn from textbooks and their learning is focusing on recall of the text information. They are often taught not to challenge the ideas of the expert. This critical thinking is perceived as a sign of disrespect. Their learning may have been measured by exams rather than by writing and the issue of plagiarism has not surfaced in their academic career until they change where they are studying. Many, in fact, have no idea or an unclear idea of the definition of plagiarism.
Many of these learners would find changing the words of the author a sign of disrespect. They may feel that the information as presented could not and should not be rewritten. A fear of failure and the pressures from family and even government to achieve academically may be underlying factors in their breach of ethics (Hayes and Introna, 2005). In an effort to be successful academically, these students may resort to dishonesty in some form.
It would be difficult to consider the cultural issues surrounding plagiarism without addressing the language barrier. Rewriting someone else’s ideas is challenging if English is your native language. Imagine how much more difficult this process would be and how much more time it would take if English were not your native tongue. The inability to write in a non-native language and limited critical thinking experience puts foreign students at a disadvantage and increases their work load (Hayes and Introna, 2005).
The dishonesty exhibited by foreign students may in fact be caused by the academic community’s inability to adapt and to adjust to the foreign students’ learning styles and culture. It may be a narrow view of how foreign students and their culture are perceived that is actually hindering the student’s ability to achieve academic integrity. For example, some studies suggest that Asian students do not have the ability to think critically. This stereotype of Asian students and narrow views are putting students at a disadvantage (Hayes and Introna, 2005).
All students have issues with fitting into an academic community. It is the responsibility of educators to clarify to all learners, regardless of their culture, the rules of academic integrity. This may require many different attempts and even many different methods. “Firstly, we must make the rules of the game clear to the student and secondly, we must assist them to develop skills and strategies to succeed at this new game,” (Leask, 2006, p. 191).
Plagiarism and other forms of academic dishonesty constitute the arsenal utilized in the assault on academic integrity. Beyond the camouflage of mere moments of indiscretion, these forms of academic misconduct can be complicated in act and intent. The following definitions provide a viable starting point in the recognition and subsequent prevention of various forms of academic dishonesty.
Plagiarism: commonly interpreted as literally copying the work of another under the guise of originality, plagiarism can be more broadly explored in terms of levels of severity as they relate to ideas, expressions, and thoughts
Plagiarism – Levels of Severity (Duplichecker, 2008)
Minimal Plagiarism: most common within an educational environment, usually involves the editing of original test and use of synonyms
Substantial Plagiarism: usually encompasses the addition of details and modification to patterns of text
Complete Plagiarism: content is copied without any modification and is presented as an original work
Plagiarism - Information Technology Implications: The Internet and various electronic mediums represent an economical yet efficient conveyance for the dissemination and retrieval of research-based data. The convenience of the Internet infrastructure also affords efficiency in terms of aiding plagiaristic activities. The proliferation of research-based content made available via the Internet provides for a perpetual smorgasbord of referential material that can seamlessly transition to plagiarized research-based documents. Thus, as transition efficiency increases the likelihood of plagiarism increases accordingly. The highest level of transition efficiency utilizes the Microsoft Window’s function – copy and paste to lift referential content verbatim – complete plagiarism. As milder forms of plagiarism are employed (e.g. word switch and style, metaphor, and idea paraphrasing) transition efficiency diminishes.
Other Types of Academic Dishonesty (Academic Dishonesty, 2009)
Fabrication: involves the falsification of data, information, or citation, prevalent in subject-areas that report numerical data.
Deception: providing false/misleading information as it relates to any academic exercise, not viewed as vehemently as other forms of academic dishonesty.
Cheating: encompasses the disregard or avoidance of rules in order that an unfair advantage is gained (“Cheating,” 2009)
Sabotage: the willful performance of acts that hinder or prevent participation in academic exercises, more prevalent in highly competitive environments.
Professional Misconduct: involves improper grading practices and the deliberate avoidance of issues pertaining to academic misconduct
Other Types of Academic Dishonesty - Information Technology Implications: Within this realm, the Internet, software applications, and various electronic mediums, enable the manipulation of procedures, data, and performance outcomes. Specifically, rules and guidelines can be subverted via impersonation (e.g. individual other than student completes the course or is administered examinations), prohibited collaboration (e.g. text messaging, email, cellular services), and unauthorized use of web-based resources (e.g. accessing referential material during testing). In terms of data manipulation, the aforementioned technologies provide the thoroughfare and tools necessary to breach the security of online data repositories (e.g. grades, tests, and student account information), thereby jeopardizing data integrity. Finally, the manipulation of performance outcomes primarily encompasses previously discussed factors along with the use of technologies to adversely affect the learning environment (e.g. denial of service attacks, viral infestations, and trolling).
One of the most pressing concerns of any educator is the ability to detect plagiarism and academic dishonesty when it occurs. Although cheating, in any form, is not a new concept, the methods in which to commit plagiarism and the availability of the resources to cheat have quickly expanded in the 21st century. As technology has advanced in the internet age, so have resources available to students that allow plagiarism and academic dishonesty. Today, it is no longer necessary to find a classmate willing to write a research paper. The internet makes it possible to find any number of online sites who are ready and willing to sell complete papers with the input of a credit card number. Also, online information sources, while a tremendous source of data for research, also lead to the temptation for students to copy entire paragraphs without proper citing the source and recognizing the efforts of the original author.
In order to identify efforts by students that have intentionally, or unintentionally, plagiarized material from another author, various strategies and technologies have been introduced. These things make it possible for educators to identify potential areas for concern and compare submitted works from students with online resources to identify areas of possible plagiarism and academic dishonesty.
The first strategy for detecting plagiarism is to simply take note of the style and formatting of the student’s writing. These review tasks can be done prior to even utilizing any online detection technologies. Quite often, there are tell-tale signs when a paper has been plagiarized. (George, 2009)
These include:
· mixed citation styles
· no references or quotations
· missing references
· bibliography entries that have not been cited
· strange formatting
· anachronisms
· datedness
· sharp shifts in style
The second strategy for detecting plagiarism is the use of online technologies. This effort can range from simply using an online search engine, such as Google or Bing, to search for a selected string of text, to comparing an entire essay against a database of other previously submitted works. Available online applications to compare the entire text include WCopyFind from the University of Virginia. This program examines a collection of submitted document files. It extracts the text portions of those documents and looks through them for matching words in phrases of a specified minimum length. When it finds two files that share enough words in those phrases, WCopyfind generates report files with the matching phrases underlined (Software to Detect Plagiarism, 2008).
When administering online quizzes and test, instructors can also employ a number of techniques to limit the opportunity for students to cheat. Online quiz applications should offer password security protection in order to limit widespread access and provide a first layer of identity verification. The second technique is to use timed quizzes. A time limit per question and per quiz will reduce the opportunity for students to revert to textbooks, internet searches, or friends to find answers. Another useful strategy is to randomize the questions. This makes printouts much less useful for distribution to other students. Also, randomization makes it more difficult for students to compare answers during synchronous online tests. (Y, 2009).
Ethically speaking, it is important to educators to ensure their use of any detection strategies are done so in a far and objective manner. Setting ethical standards for students to encourage original composition must also apply to teachers who seek to detect plagiarism. When reviewing students work, educators should first define standards upon which to determine plagiarism and acceptable versus unacceptable levels of outside content. Without these defined measures of acceptance, students will be unable to determine whether their actions fall within the range of acceptable behavior. For instance, clearly instructing students on the use of APA citations, and the expectation to cite information sources, creates that first ethical standard for both student behavior and instructor evaluation. Students will have an understanding of the expectations the instructor has when it comes to evaluating their work for plagiarism through manual review or automated technologies. When using online detection software, ethical application of these tools would include either running all student submissions through these devices or a rotating, random sampling that ensures an equal polling of content among all students. It would be unethical for a teacher to target a specific student or group based on any perceptions of their anticipated behavior. Until proven otherwise, all student submissions should be considered valid and acceptable in terms of plagiarism and academic dishonesty.
As we look at what is occurring within our society in regards to plagiarism and academic honesty, we need to look at and consider what the different policies and consequences that are in our world in regards to this. These policies and consequences vary within different academic settings, within corporations, and even within the different cultures.
When looking at these policies within an educational setting, we need to distinguish between K-12 education and higher levels of education. The reason we do this is because the policies and consequences are quite different in these settings. We will first be looking at different school’s policies in the K-12 school setting. We have looked at several different schools from across the United States. In these school handbooks that were available for us to look at, the terminology is different in comparison to a college or university setting, many of these schools labeled it very simply as “Cheating/Plagiarizing” where as the colleges and universities label it is labeled as “Academic Honesty/Integrity.”
When looking at the K-12 definition of what plagiarism is, they are very straightforward and simply stated. It is “Any attempt to alter a grade on a test or assignment by using another person's work is academic dishonesty or cheating.” (AuburnHigh School, 20). This sounds very simple. If a student is either trying to change the grade they have received on an assignment it is cheating. If they try to use another student’s materials as their own it is cheating. When we look at the college or university wording it is a little different. Within our own Student Code of Conduct for the University of Illinois it is stated in regards to plagiarism that is “Representing the words or ideas of another as one’s own in any academic endeavor. This includes copying another student’s paper or working with another person when both submit similar papers without authorization to satisfy an individual assignment.” (University of Illinois, 2003).
Both of these polices when read are similar. Students are not to be using others material as their own. If they are copying or using someone else’s work then credit needs to be given to the original author. This is a basic rule that most schools teach about doing your own work and when doing research giving credit to the original author by citing one’s sources in the references or works cited section of a paper or project.
The consequences for the different education institutions vary greatly in contrast. For the K-12 schools, the punishments or implications are much less stringent than the colleges and universities. For the K-12 schools, students may receive a “0” for the assignment, required to redo it without credit, and have possible disciplinary action. In the collegiate area, students will still not receive credit the assignment, but they could also have a reduced or fail the course. Receiving a failing grade for the assignment is the same; however having a reduced grade or failing it is something that K-12 schools do not seem to be doing. Instead, they will still give a punishment but one that is not so severe that they will not be able to recover the grade from their mistake.
To find discover what many of our leading companies think and believe about plagiarism in their companies, it becomes a little more difficult. To actually find a company’s policy where the concept of plagiarism it is actually stated, it not very easy. As a result, one must read their beliefs to see how it is worded without actually using these words. We have looked at the New York Times, Gannett – the parent company of USA Today, and Microsoft.
The New York Times came under fire during 2003 for questionable materials written by one of its journalists. What were supposed to be direct quotes from various people along with information given to this journalist by these people, it is being discovered is not as it has appeared. This has brought into question what the New York Times believes to be ethical behavior when it comes to plagiarism. According to their own website, their guidelines for integrity state “falsifying any part of a news report cannot be tolerated” and “when we use facts gathered by any other organization, we attribute them” (New York Times Co, 2009). This makes everything sound as if they want to make everyone at the company be accountable for what they are publishing. However, are they checking to see if their rules are being followed may be the larger question?
After reading this about one of our major newspaper companies, we began to wonder what other publishers believe. Gannet Corporation, the parent company of USA today, also has what they have labeled “Part I: Principles of Ethical Conduct for Newsrooms” (Gannett, 2009). In this they state “We will dedicate ourselves to reporting the news accurately, thoroughly and in context; We will be honest in the way we gather, report and present news… We will hold factual information in opinion columns and editorials to the same standards of accuracy as news stories.” (Gannett, 2009) In this, their concern and goal is to report the news to us, the consumers, in a way that is accurate, thorough and in context. They want to give us the news and not rumors. In that, they are concerned about being honest with what they are reporting and not falsifying information. They want to have essentially academic integrity; their information they are giving us is to have integrity.
One company that has been questioned over the years for their business practices is Microsoft. Questions have been raised about their use of different programs and installing them on machines that are ready for us to buy. This made us wonder what their actual beliefs are within their corporation. In their Business Practices Overview they state “We manage our business to meet or exceed legal, regulatory, and ethical standards….Development, implementation and enforcement of policies, programs, and practices that encourage legal and ethical business behaviors throughout our business.” (Microsoft, 2009). In this, it makes it sound as if Microsoft cares about putting together and putting out for the public information that meets most people’s ethical standards for what is considered right and wrong.
Finding this information from these companies was difficult. They have it hidden deep within their websites; finding information on the consequences of an employee not abiding by these rules is also hard to find.
Finally, we wanted to look at the cultural differences that affect how plagiarism and academic honesty are looked upon. According to several sources, there is a lot of debate as to why students from other cultures plagiarize some of their work. There is also debate as to if a student is really plagiarizing and understand what they are doing is wrong or if they view is in another way. It all depends on how one looks at it. This seems to be discussed especially with regards to students from Southeast Asia connections.
One viewpoint is that it depends on how “Westernized” teachers are. (Shei, 2006). It is thought that the teacher’s education may actually come into play here. If the teacher showing the students how to do research shows them the proper way to cite sources along with the importance of it, it is thought that the students will be more likely to cite the sources properly due to this understanding. Thus, if the teachers were expected this more out of the students along with reinforcing the importance, more of these students would cite sources and not plagiarize papers or cheat on assignments.
Others believe that this is not the reasoning. It is their belief that these students are plagiarizing order to save face. (Mooney, 2007). It is in part their belief that these students are doing this because of their lack on knowledge of the English language. They understand English, but their fluency in writing is not up to their standards (Press, 2006). These ESL students are using text that they have found while doing their research and copying it into their papers and reports, not realizing that not citing it properly is wrong. They are copying it because they are reading it and it is saying what they want to say but are unable to find the correct wording for it. As a result, they copy it so others do not realize that they are unable or frustrated trying to figure all of it out and do not give proper credit.
In some of these societies, information is not read, synthesized and created. Instead students are encouraged and taught to memorize information (Spack, 742). In this thought, the students are taught the materials and knowledge. Instead of the teachers wanting the students to explore and create new knowledge, they are just encouraged to learn the information my memorizing it and then retelling it in the exact form. This kind of memorization and regurgitation on knowledge is believed to be what these students are doing in their papers and work. They are reading and finding the information that is needed and just putting it down, word for word as they memorized it. This is not an intentional falsifying of information for these students. They may not even realize that they are doing this because they already knew the information; they may not think or believe that they need to cite the source of the information.
Finally, some believe that the use of other’s work is seen as a sign of reverence and respect for the original author (Lund, 95). In some cultures, using someone else’s work as they have created it is a sign of respect. By using the original work, it shows that the new author, the student, believes that this material and author are highly knowledgeable and deserve respect. Again, the student does not realize that it is acceptable to use the work and flattering to the original author to do this, but in order to give it all of the respect and reverence it is due, they need to cite the source. They need to let their readers know that someone else said it or found it, not the current author.
Whether it is within an educational institution, corporation or just culturally, plagiarism is something we are all dealing with and seeing more. With all the technological changes in the world, it is becoming easier for students and others to use others information. With a few simple clicks of the mouse one can copy and paste information from almost any website or file and place it into another without having to do much work. We are also able to do a simple internet search to find a research paper on almost any topic, download it and print it. With this available, we can look at is a good or bad item. Good because information is easily accessible to all of us. Bad because it is even easier for people to use other’s information without giving the appropriate credit to them for their work.
Recommendations and Best Practices
It is important that the instructor distinguish between deliberate plagiarism and poor citation. Many students try to cite sources but do to know how. The instructor needs to make citation requirements clear and easy to understand for any student who may have little experience with research papers or writing. This can take extra time for an instructor, who may feel that they are not English Composition instructors, and focus more on course content than correct writing.
Essentially, it all starts with education. Instructors can take steps to help deter plagiarism in their courses by understanding the causes of plagiarism, adjusting assignments, and help students understand how to properly cite sources, take better notes, and write better papers. As instructors we can instill in students from the first papers they write in grade school the importance of providing source information and how to do it properly.
The first step is defining plagiarism and making sure students understand what it is. Instructors should have clear policies in place to ensure students fully understand consequences of plagiarism. By including a plagiarism policy instructors also have a definite position and set of consequences in place to help address instances of plagiarism.
Many of these policies begin at an institutional level. According to the Writing Program Administrators (WPA) (2003), instructors should include:
Administrators can also help deter plagiarism by creating a plagiarism policy that applies to the institution as a whole. The WPA also identifies administrative responsibilities. They include:
Best Practices
When assigning written assignments, it is best to stress the process of writing, provide feedback, and offer opportunities for revision and editing (WPA). The following are strategies provided by the WPA (2003) as suggestions for best practices.
Be sure students understand what plagiarism is and be sure to have clear policies regarding plagiarism.
What are the implications of plagiarism? Discuss with students how plagiarism prevents them from fully exploring and developing their own ideas on a topic. Include in your syllabus citation requirements and a policy for using sources using APA formatting, for instance. Include in your policy the consequences for plagiarizing. Creating an honor code for all students to sign is also helpful. Studies have shown that this does help prevent plagiarism (WPA).
Improve the design and sequence of assignments. Create assignments that require students to research and explore subjects in depth. Through research, students develop a thorough understanding of a topic that allows them to write from a place of understanding. Present research topics early to allow students time to research topics slowly, without rushing. This will help prevent a last minute panic. By allowing students to begin with a broader topic, then, narrow it as they continue their research, they are more likely to write their own words. Create timelines and schedules for students that provide time to start a topic, get feedback, re-write, and edit their assignment. Support the process with in-class activities and planning guides. These “low-stakes” assignments offer opportunities for students to practice the research process and the instructor opportunity to provide useful feedback (WPA).
Stress the use of sources and reading. Require students utilize resource information from a variety of sources. Design activities that help students become familiar with writing conventions. Help students learn how to evaluate sources and how to determine if a source is reliable. This step helps them support their information (WPA).
Create an environment of responsibility by helping students understand the difference between misuse of a source and plagiarism. Often, a student plagiarizes because they do not know how to use proper citation (WPA). This will prevent unintentional plagiarism and help students feel more comfortable using sources as references.
Require documentation of sources. Use plagiarism detection services carefully. These services are not always reliable and are not intended to grade papers for instructors. Proper grading and teaching methods are still essential (WPA). The documentation of references also helps instructors verify information and ideas included in the paper or assignment. Including references also helps students support their ideas.
Take appropriate disciplinary actions when necessary. Follow all guidelines instilled by your institution. Consider your goal; is a failing grade on the assignment enough? What should the student learn from the experience if caught plagiarizing? Enforce policies and consequences established by your institution and any you have included in your syllabus or course information (WPA).
Copyright
One of the best ways to avoid plagiarism is to understand and abide by copyright and fair use laws. The first question one might ask is; what is copyright? The U. S. Copyright office defines copyright as “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” (U.S. Copyright Office, 2006). Copyright “protects original works of authorship such as literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs computer software, and architecture” (U. S. Copyright Office, 2006).
Copyright is different from patents and trademarks. Copyright protects authorship while patent protects inventions or discoveries. Copyright law does not protect ideas and discoveries, but may protect the way those ideas are expressed (U.S. Copyright Office). This is a useful distinction. By protecting the expression of an idea, the idea itself, or discovery, is not off limits for further exploration and analysis. It is interesting to note that copyright covers both published and unpublished works (U.S. Copyright Office). The U. S. Copyright office has an extensive web page to assist faculty, students, and administrators understand copyright issues.
Instructors also need to abide by copyright law when using copyrighted material in their courses. To get permission to use someone else’s work an individual needs to contact the copyright owner. If it is unclear who owns the copyright on particular material you can contact the Copyright Office and request a search, or you can conduct search of your own. The copyright office can provide you with any information that is available in their records. Any record of ownership made before 1978 required a manual search at a rate of $150 per hour. If you conduct the search at the Copyright Office personally there is no fee. Once you determine ownership of the Copyright written permission can be requested from the Copyright holder.
Fair Use
Copyright permission can be a lengthy and complicated process, so many educators use copyrighted material under the provisions of fair use. Fair use is a part of U.S. Copyright law that allows for limited use of limited portions of copyrighted material without permission from the copyright holder, typically for the purpose of, but not limited to, education, review, criticism, reporting, and teaching.
Section 107 of U.S. Copyright law lists four characteristics to consider when determining fair use. They are:
“1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
2. The nature of the copyright work.
3. The amount and substantiality of the portion used in relation to the copyrights work as a whole.
4. The effect of the use upon the potential market for, or value of, the copyrighted work” (U.S. Copyright Office).
Fair use can be quite ambiguous and is therefore difficult to define and is often misunderstood. A common mistake often made by educators is thinking they can use any amount of original material based on Fair Use for the classroom.
How does fair use apply to online courses? Are there limitations? It is important to realize that just because something is on the internet does not mean that it is in public domain; copyright still applies. It’s just easier to copy. But if you create a link, or hyperlink, to web pages you are not copying original work, so it is not a copyright violation. However, one cannot, and should not, rely on hyper-linking in an online course. The United States Copyright Office offers this useful circular to help librarians and educators with issues of copyright and fair use.
In 1996 a congressional subcommittee published a report called the Fair Use Guidelines for Educational Multimedia. Online education falls under this broad category, “Educational Multimedia.” The guideline are extensive and too much to be listed here, but the copying and distribution limitations are the most restrictive regarding distance learning, and are limited to students enrolled on courses and include technical limitations on access, using a pin, or password to access the course or material (University of Whitewater, Wisconsin).
Portion limitations are also in place. This graph from the UWW (2008) web site addresses portion limitations.
While these guidelines are not laws, they have become commonly accepted standards, which are followed by educational institutions and courts. When using portions of copyrighted material be sure to meet the Guideline standards, use streaming video rather than uploading files for students to download, and limit the availability of copyrighted content (UWW).
Instructors also face ethical dilemmas when dealing with possible instances of plagiarism. As discussed, there are different attitudes and laws in place regarding plagiarism around the world. Could it be considered racial profiling if an instructor grades a foreign exchange student’s paper with more scrutiny? If they come from a tradition of honoring the writings of others, is it considered plagiarism to them? It may take a cautious hand and gentle approach when addressing areas of possible plagiarism.
Accessibility to informational resources and services afforded by Internet is not a direct motivator of unethical behavior in terms of plagiarism and academic honesty. Instead, accessibility to referential materials via the Internet serves as a means of facilitating rather than motivating academic misconduct. It is that humanistic disposition derived from ones moral, values, and duties that motivates our behavior. Placing plagiarism and academic honesty within a humanistic rather than technological context allows us to reflect upon the commonality of motive throughout history. From Shakespeare to Madonna, politics to the arts, plagiarism and academic honesty is a topic that will remain ageless. Our humanistic approach also affords reflection in terms of cultural influences. Whether it’s a European author publishing the works of others as her own, or a grateful student paying homage to a revered Korean instructor by leaving his original wordage intact, the impact of cultural implications on western views of academic integrity provide rationale for perceived deviation.
While the definitions of various types of plagiarism and academic dishonesty have remained fairly consistent over time, technological advances have facilitated a change in the manner in which these activities are carried out. For example, the copy and paste function of Microsoft Windows enables students to lift referential content verbatim from Internet resources and/or services. Technological advances also enable manipulation of procedures, data, and performance outcomes which directly fuel the issues of – fabrication, deception, cheating, sabotage, and professional misconduct. Fortunately the detection of plagiarism and academic dishonesty can be accomplished manually or with the aid of technology. Manual analysis of a work’s style and formatting represents a low-tech approach to detection of academic misconduct. Conversely, technologically advanced web-based applications such as WCopyFind from the University of Virginia compare entire works to previously submitted content in an effort to identify plagiarized text. Regardless the method employed the most effective means of maintaining academic integrity simply entails education. Outlining institutional/organizational policies and consequences represents a viable starting point for educating stakeholders as to expectations, and requirements in the pursuit of establishing/maintaining academic honesty.
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