Guiding Rights Blog :: Plagiarism, Fair Use and Copryight Infringement

More Info at Our Main Site

www.GuidingRights.com

Guiding Rights
Placing a graphic on your page
ORDER BOOK HERE
GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms.

$24.95 hard cover; $14.95 paperback
ISBN: 0-595-65957-8

"This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around."

Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law
ORDER BOOK HERE
"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles."

Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA
ORDER BOOK HERE

Login

User name:
Password:

Remember me

Create an Account

Why Create A Reader Account?

Main Page » Trademarks, Copyright and the Internet

Previous:	Extra-Territorial Reach of U.S. Copyright Law
Next:	Operators of Internet Gripe Site Subject to Jurisdiction in Remote Location

Plagiarism, Fair Use and Copryight Infringement

by Mark VB Partridge on Mon 27 Feb 2006 08:00 AM CST | Permanent Link

In 1971, the owners of the copyright in the 60s hit "He's So Fine" sued former Beatle, George Harrison, over the song "My Sweet Lord."

In 1990, the owners of the copyright in the 60s hit "Oh, Pretty Woman," sued the rap group 2 Live Crew over a song cleverly entitled "Pretty Woman."

One of these cases resulted in an award over $1/2 million

The other case resulted in nothing.

Why?.

The answer can be attributed to the differences between plagiarism and fair use.

Plagiarism is an ethical issue. Copyright infringement and fair use are legal issues.

Plagiarism is an act of academic dishonesty.

As defined by the Wikipedia, it is:

"the use of another's information, language, or writing. . . without proper acknowledgment of the original source . . . dishonesty in attempting to pass of the plagiarized work as original."

In contrast, copyright is a legal right that arises from the U.S. Constitution, which states:

"the Congress shall have the power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

The biggest difference can be seen in what is protected by copyright.

A wide variety of works are protected – literary works to architectural works.

The important thing to recognize is what is not protected.

The scope of protection extends not merely to exact copies but also to derivative works, which means anything based on a protected work, translations, screenplays, adaptations.

The test for infringement is simply this:

Did the defendant have access to the original work?

Are the two works substantially similar in protectable elements?

And there lies the important difference between plagiarism and copyright infringement.

Plagiarism includes taking another's ideas, concepts and information without attribution. Taking expression adds to the wrong, but is not required.

For copyright infringement, attribution is not relevant. Using the ideas, concepts and information of another is not infringement. Only taking expression is infringement. And once you take expression, attribution is not a cure.

As for our rock stars? George Harrison's song "My Sweet Lord" was the infringement. You can find audio samples here and here and here and decide for yourself.

Keywords: copyright

Posted to:

Main Page

Commentary