Before we talk about plagiarism, it is important to understand what intellectual property is so you can apply that knowledge when you are using someone else's work in your own academic writing. It will help put plagiarism into context. You would not use Pepsi's brand logo and call it your own just like you should not use another's words and call them your own!
Review the content.
Take Self-Check Quiz.
Go to Part 2, Plagiarism.
Intellectual property refers to "creations of the mind," like inventions, patents, brand names, literary, and artistic works.
In this module, we are primarily concerned with copyright.
Copyright is where intellectual property and information literacy intersect.
Having an understanding of copyright helps you use information ethically!
Trademarks - any word or image that identifies a good or service (For example: Nike's swoosh, or Apple's apple)
Trade Secrets - practices or processes not known to the public (Like the formula for Coca-Cola)
Patents - a government-granted right to build, sell, and use your invention (Did you know Coke has a patent on the shape of its bottle?)
Copyright - legal protection for original works of authorship (Things like novels, songs, and movies)
Rewards innovators by allowing them to take credit for the things they create, both personally and financially
Prevents these creations from being stolen by competitors or unethical creators
Ensures the safety of products because consumers can make smart decisions knowing they are getting the authentic (safe, reliable, effective) product
Drives economic growth by encouraging investment in time and money on these creations
1783: Copyright was first mentioned in the U.S. Constitution
1976: The "Fair Use" doctrine was signed into law, allowing written works to be used in research, scholarship, and teaching without permission
2002: The TEACH Act extended Fair Use to electronic materials
Copyright is granted automatically, meaning you do not need to apply for copyright because it's provided to creators by default!
Types of works protected by copyright:
Written works, including books, website content, blogs, original social media posts, and images
Movies and music (both recorded and scores)
Computer programs
Architecture
It's complicated. The law has extended the length of time over the decades, so it's completely dependent on when the work was written.
Generally speaking, most works written 95 years ago (or more) are now in the public domain.
Creators can give up their copyright claim through a Creative Commons license.
The Public Domain consists of all the creative works to which no exclusive intellectual property rights apply. Broadly speaking, that includes:
Works that are not copyrightable like names and numbers
Facts (like the date of Lincoln's Gettysburg Address)
Works whose copyright has expired (generally, works published more than 95 years previously)
Works that have been assigned to the public domain by their creators
Government publications
Want to know more? Check out the Public Domain Day website by Duke University School of Law!
Creative Commons is an international non-profit organization that provides free licenses for creators to use when making their work available to the public. These licenses help the creator to give permission for others to freely use the work under certain legal conditions. In other words, it helps creators give up the copyright that is granted automatically. So why do people use it?
Creators want their works to be more accessible and reusable.
Creators want their works to be more flexible and allow others to modify or make changes to them.
If you've ever had a class with an OpenStax textbook or some other type of free course materials, they were probably licensed under a Creative Commons license.
Want to know more? Check out the Creative Commons website!
One reason your instructors care so much about your citations is because of intellectual property rights and the laws surrounding them. Legally, copyright protects authors, so by not citing your sources you are violating copyright!
You want to receive credit for doing the appropriate research and writing your paper, just like the authors of books and articles want to get credit for what they write. That credit may be different for different people: you want to get a good grade, an academic researcher may want to get a promotion, and an author of fiction may want to receive a paycheck and win awards.
Citing correctly also means that people who read your paper can find those original sources, which ties back into the second reason. You're giving those other authors a shout-out so they can be discovered and get credit for their work!