Plagiarism, Copyright & Fair Use Toeing the Legal Line Without Crossing it in

Business Communications

What is Plagiarism?

•  Essentially an academic issue •  Sometimes it’s an issue in news

reporting

•  There is NO legal recourse for plagiarism •  A problem of credibility and image for the offender

Copyright Infringement

•  Copyright has two main purposes: protect authors’ rights to obtain commercial benefit from work, and protect authors’ rights to control how and their works are used.

•  It’s a problem for ALL communicators, especially in for-profit business applications.

•  Infringement is punishable under federal law. •  Commercial copyright violation involving more than

10 copies and value over $2500 is a felony.

What has Copyright Protection?

•  Most nations follow the Berne copyright convention. In the U.S., almost everything created privately and originated after April 1, 1989 is copyrighted whether it has a notice or not.

•  Photos and art designs are protected. •  Web pages and blogs are protected. •  PowerPoint slides, plans, proposals are protected. •  E-mail is protected.

What is Not Protected?

The U.S. Copyright Act states: “In no case does copyright protection… extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied …”

Ideas are NOT Protected

•  Dan Brown gets sued for “The DaVinci Code” •  “Daughter of God” (and “DaVinci Legacy”) •  Claim: Female spirituality cover-up concept by

Catholic church •  Ruling: “Ideas and general literary themes

themselves are unprotectible ...” – U.S. District Judge George B. Daniels 8/5/2005

What is Fair Use?

•  It’s an exemption to copyright law created to allow commentary, parody, news reporting, research and education (non-profit use) about copyrighted works without the creator’s permission.

•  Fair Use almost never applies to

work used in for-profit commercial applications.

What is Creative Commons?

•  Creative Commons licenses allow creators to dictate how others may use their work, make derivative works or adaptations, distribute their work and/or make money from their work.

•  CC licenses do not affect trademarks or patents. CC licenses are non-exclusive.

•  http://creativecommons.org

There’s nothing l can use! (Not true)

All of these things are available to you:

•  Facts and ideas •  Information accepted as common knowledge •  Materials now in the public domain •  Materials granted public domain by the creator •  Slogans, titles, and simple phrases •  Works by U.S. government (exemption does not

apply to state, local, or foreign governments)

Avoiding Infringement

•  Using work and giving attribution without prior permission is STILL infringement.

•  Get permission – then give credit •  Rewrite it – then give credit anyway •  Don’t use anything verbatim – then give

credit anyway •  Don’t use long passages •  Check info against more than one source

Disclaimer: Read This!

This presentation does not constitute legal advice regarding copyright infringement and should not be used as such. It is a simple overview for informative purposes. If you have questions about copyright infringement, seek the counsel of an attorney. Are we clear? Good.

About Schubert b2b

Schubert B2B is a nationally recognized B2B marketing agency located in Downingtown, Pa., near Philadelphia. Building B2B brand leaders is our singular mission, and has been for 35 years. www.schubertb2b.com

Questions? !Feel free to contact us:

610.269.2100

schubertb2b.com Twitter @schubertb2b!