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The Differences Between Plagiarism and Copyright Infringement

Copyright and plagiarism are frequently confused, but they actually have very little to do with one another. Plagiarism is passing off another’s work as your own, and it is easy to avoid: clearly indicate when you are quoting others and provide appropriate citation information to original sources. On the other hand, using quotation marks and providing citation information is neither necessary nor sufficient to avoid infringing copyright. If I obtain permission from an author, I can pass off her words as my own with no fear of copyright liability (though I may still be accused of plagiarism!). On the other hand, if I do not obtain permission from the copyright holder and my use is not fair or otherwise protected, then no amount of credit will change the fact that I am infringing.

So, for example, it is quite common for users on YouTube to post commercial songs or videos with a caption that says something like, “This video is originally by Artist X, and I don’t claim copyright in it. Please go buy their album!!” That little message may be well-meaning, and it is sufficient to prevent any confusion about who originally made the video (so no plagiarism), but it does nothing whatsoever to protect the poster from an infringement claim by the copyright owner.

In sum, plagiarism occurs when you misrepresent who created particular expression, taking credit for something that you did not create. Copyright infringement occurs when you fail to obtain permission from the author or other rights holder where permission is needed.

 

Plagiarism vs. Copyright Infringement Chart

  Plagiarism Copyright Infringement
What is it? Plagiarism occurs when you use someone else's words or ideas without giving credit to the original author.

Copyright infringement can occur if you do any of the following things without permission of the copyright owner:


(1) Reproduce or make copies of the work
(2) Distribute copies of the work
(3) Create a derivative work
(4) Display the work publicly 
(5) Perform the work publicly 

What rules govern it? Texas A&M University follows ethical codes regarding academic integrity, which prohibit plagiarism and other misconduct. Copyright and penalties for copyright infringement are governed by federal, and in some cases, state law.
Who enforces the rules?

Professors, academic units, and institutions as a whole may enforce a variety of penalties for plagiarism.

 

At A&M, alleged infractions are referred to the Aggie Honor System Office for investigation and disciplinary action.

A copyright owner or his/her authorized agent may bring a claim of copyright infringement. Claims of copyright infringement may be settled in or out of court between the copyright owner and the alleged infringer. An expensive lawsuit could result, where a judge or jury determines whether infringement has occurred and if so, what the penalty may be.
How can I avoid it?

Use quotation marks and ellipses when  quoting directly from another source. When you summarize or paraphrase material, restate it in your own words. Whether quoting or paraphrasing, always credit the source!

 

Contact the Writing Center at A&M for assistance and/or ask your instructor to review your assignment before turning it in if you have questions or concerns about plagiarism.

 

There are many options for using copyrighted material without infringing, including:


(1) Complying with existing license terms or terms of use if available

(2) Requesting permission from the copyright owner to use the work

(3) Get help determining whether your use falls under a statutory exception, such as Fair Use

Source:  Ohio State University Libraries (2018). What's the Difference between Plagiarism and Copyright Infringement? [web page]. Retrieved from https://library.osu.edu/document-registry/docs/587/stream