Copyright, Plagiarism, and Fair Use: Topic Guide

What is copyright?

Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to authors. The owner of copyright has the exclusive right to do and authorize the following:

• To reproduce the work;
• To prepare derivative works based upon the work;
• To distribute copies of the work to the public by sale or transfer of ownership, or by rental, lease, or lending;
• To prohibit other persons from using the work without permission;
• To perform the work publicly.

Copyright protection covers both published and unpublished works as well as out-of-print materials. 

Facts, ideas, procedures, processes, systems, concepts, principles or discoveries cannot be copyrighted.  However, some of these can be protected by patent or trade secret laws.

Copyright protection currently lasts for the life of the author plus 70 years.  If there is more than one author copyright protection lasts for the life of the last author's death plus 70 years. 

Copyright Basics, from the U.S. Copyright Office, provides an excellent overview of the copyright law and procedures.

The guide does not supply legal advice nor is it intended to replace the advice of legal counsel. 

The information on this subject guide was adapted from the McGoonan Library of Medicine at the University of Nebraska Medical Center.

Open Educational Resources (OERs)

OERs are educational materials that are either currently in the public domain or have been published under a license that allows for their free use, distribution, and alteration in ways that would normally be prevented by copyright or trademark limitations.

The creator or publisher has specifically made the materials available for use in teaching and learning. While permission to use or alter the materials does not need to be obtained, users are still expected to cite and give proper attribution to the creator(s). Without proper attribution, their use is still considered plagiarism, even without a copyright on the material.

For more information on OERs, please see the WNC OER Project page.

So, what is plagiarism?

Definition

“To steal and pass off (the ideas or words of another) as one's own: use (another's production) without crediting the source.”

Plagiarism. (2010). In Merriam-Webster Online Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/plagiarizing

Types of Plagiarism*:

• Blending
  Mixing words or ideas from an unacknowledged source with your own.
  Mixing words or ideas from several unacknowledged sources into a single work.
  Mixing proper citation and acknowledgement with those that are not cited or acknowledged.
• Direct
  Copying a phrase, passage, or source word for word without being quoted or cited properly.
• Paraphrasing
  Rephrasing another person's work in your own without acknowledging the original source.
• Insufficient Acknowledgement
  Attributing proper credit at least once, but continuing to use the author's words or ideas without additional attribution.

* adapted from materials published by the McGoonan Library of Medicine at the University of Nebraska Medical Center.

How Do You Avoid Plagiarism?

Always Acknowledge Your Source of Information!

When you quote someone else's words, summarize or paraphrase someone's words, or use someone else's data, images, or ideas, you must always acknowledge the source of that information with an in-text citation and in a works cited page or a references list.  Examples of both in-text citations and a works cited page or references list can be found in the subject guide menu under the APA Style page, MLA Style page, and the Chicago Manual of Style page.

Niche Academy Tutorials

Fair Use or Copyright Infringement?

Fair Use

Under the “fair use” rule of copyright law, an author may make limited use of another author’s work without asking permission. However, “fair use” is open to interpretation. Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair. It is always important to analyze how you are going use a particular work against the following four factors of fair use.

1. What is your purpose in using the material? Are you going to use the material for monetary gain or for education or research purposes?
2. What is the characteristic nature of work – is it fact or fiction; has it been published or not?
3. How much of the work are you going to use? Small amount or large? Is it the significant or central part of the work?
4. How will your use of the work effect the author’s or the publisher’s ability to sell the material? If your purpose is for research or education, your effect on the market value may be difficult to prove. However, if your purpose is commercial gain, then you are not following fair use.

Guidelines for Print Materials:

• Single Chapter from a book
• A single article from a journal issue or newspaper
• A short story, essay, or poem from an individual work.
• A chart, graph, diagram, drawing, cartoon, or picture from a book, journal, or newspaper.

Guidelines for Distributing Copies

• Copies made do not substitute for the purchase of books or journals.
• Provide a copyright notice on the first page of the material copied. The American Library Association recommends using "Notice: This material is subject to the copyright law of the United States."
• Provide only one copy per student which becomes the property of the student.
• Copying the works for subsequent semesters requires copyright permission.
• Do not charge the students beyond the cost of making the photocopy.

Guidelines for Using Materials Found on the Internet

• Look on the webpage to see if there is information on how to use the work. If guidelines exist - use them!
• Always credit the source of your information
• If you gather and receive permission to use the material keep a copy of your request for permission and their response.
• Western Nevada College authorized users may link to full text journal articles