Being that I am one of the moderators of FindQuotations, an affiliated sister site to AllPoetry, I felt that it was necessary to inform you that none of the FindQuotations Staff will tolerate plagiarism of famous quotes in which the use has placed their name on it stating that it was they, not the famous person or persons who stated the quote (this does NOT exclude famous Proverb quotes).
Just the same as AllPoetry, and the other affiliated sites, we take pride and care in which quotes can be used or the needed grammar error fixing. Also, we strive to make FindQuotations to be the epicenter of saving time searching for that particular quote via by Google or other search engines.
Just like with AllPoetry, we do not tolerate any formalities of this because if someone of a famous family recognizes the quote, and shows absolute proof, chances of you getting sued are very high.
A few might ask a few questions about this or copyright laws because no matter where you are from, the laws vary but essentially the same. So from William F. Maag Jr., Librarian of the Youngstown State University, here are those questions and answers:
What are copyright laws?
Copyright laws exist to protect our intellectual property. They make it illegal to reproduce someone else’s expression of ideas or information without permission. This can include music, images, written words, video, and a variety of other media.
At one time, a work was only protected by copyright if it included a copyright trademark (the © symbol). According to laws established in 1989, however, works are now copyright protected with or without the inclusion of this symbol.
Anyone who reproduces copyrighted material improperly can be prosecuted in a court of law. It does not matter if the form or content of the original has been altered – as long as any material can be shown to be substantially similar to the original, it may be considered a violation of the Copyright Act.
For information on how long a copyright lasts, see the section below on the public domain.
Are all published works copyrighted?
Actually, no. The Copyright Act only protects works that express original ideas or information. For example, you could borrow liberally from the following without fear of plagiarism:
Compilations of readily available information, such as the phone book Works published by the U.S. government Facts that are not the result of original research (such as the fact that there are fifty U.S. states, or that carrots contain Vitamin A) Works in the public domain (provided you cite properly)
Can facts be copyrighted?
Yes, in some situations. Any “facts” that have en published as the result of individual research are considered the intellectual property of the author.
Do I have to cite sources for every fact I use?
No. You do not have to cite sources for facts that are not the result of unique individual research. Facts that are readily available from numerous sources and generally known to the public are considered “common knowledge,” and are not protected by copyright laws. You can use these facts liberally in your paper without citing authors. If you are unsure whether or not a fact is common knowledge, you should probably cite your source just to be safe.
Does it matter how much was copied?
Not in determining whether or not plagiarism is a crime. If even the smallest part of a work is found to have been plagiarized, it is still considered a copyright violation, and its producer can be brought to trial. However, the amount that was copied probably will have a bearing on the severity of the sentence. A work that is almost entirely plagiarized will almost certainly incur greater penalties than a work that only includes a small amount of plagiarized material.
But can’t I use material if I cite the source?
You are allowed to borrow ideas or phrases from other sources provided you cite them properly and your usage is consistent with the guidelines set by fair use laws. As a rule, however, you should be careful about borrowing too liberally – if the case can be made that your work consists predominantly of someone else’s words or ideas, you may still be susceptible to charges of plagiarism.
What are the punishments for plagiarism?
As with any wrongdoing, the degree of intent (see below) and the nature of the offense determine its status. When plagiarism takes place in an academic setting, it is most often handled by the individual instructors and the academic institution involved. If, however, the plagiarism involves money, prizes, or job placement, it constitutes a crime punishable in court.
Academic Punishments
Most colleges and universities have zero tolerance for plagiarists. In fact, academic standards of intellectual honesty are often more demanding than governmental copyright laws. If you have plagiarized a paper whose copyright has run out, for example, you are less likely to be treated with any more leniency than if you had plagiarized copyrighted material.
A plagiarized paper almost always results in failure for the assignment, frequently in failure for the course, and sometimes in expulsion. See the following links for information in the Youngstown State Undergraduate Bulletin and the Student Code of Rights and Responsibilities.
http://www.ysu.edu/catalog/frontsection.pdf (see page 38 for Academic Misconduct.)
http://www.ysu.edu/thecode.pdf
Legal Punishments
Most cases of plagiarism are considered misdemeanors, punishable by fines of anywhere between $100 and $50,000 – and up to one year in jail.
Plagiarism can also be considered a felony under certain state and federal laws. For example, if a plagiarist copies and earns more than $2,500 from copyrighted material, he or she may face up to $250,000 in fines and up to ten years in jail.
Institutional Punishments
Most corporations and institutions will not tolerate any form of plagiarism. There have been a significant number of cases around the world where people have lost their jobs or been denied positions as a result of plagiarism
Does intention matter?
Ignorance of the law is never an excuse. So even if you did not realize you were plagiarizing, you may still be found guilty. However, there are different punishments for willful infringement, or deliberate plagiarism, and innocent infringement, or accidental plagiarism. To distinguish between these, courts recognize what is called the good faith defense. If you can demonstrate, based on the amount you borrowed and the way you have incorporated it in your own work, that reasonably believed what you did was fair use, chances are that your sentence will be lessened substantially.
What is “fair use,” anyway?
The United States government has established rough guidelines for determining the nature and amount of work that may be “borrowed” without explicit written consent. These are called “fair use” laws, because they try to establish whether certain uses of original material are reasonable. The laws themselves are vague and complicated. Below we have condensed them into some rubrics you can apply to help determine the fairness of any given usage.
The nature of your use. If you have merely copied something, it is unlikely to be considered fair use. But if the material has been transformed in an original way through interpretation, analysis, etc., it is more likely to be considered “fair use.”
The amount you’ve used. The more you’ve “borrowed,” the less likely it is to be considered fair use. What percentage of your work is “borrowed” material? What percentage of the original did you use? The lower the better.
The effect of your use on the original If you are creating a work that competes with the original in its own market, and may do the original author economic harm, any substantial borrowing is unlikely to be considered fair use. The more the content of your work or its target audience differs from that of the original, the better.
We recommend the following sites for more information on “Fair Use” and Copyright laws.
http://www.umuc.edu/library/copy.html
http://www.sp.edu.sg/departments/asd/hk_1261.htm
What is the “public domain?”
Works that are no longer protected by copyright, or never have been, are considered “public domain.” This means that you may freely borrow material from these works without fear of plagiarism, provided you make proper attributions.
How do I know if something is public domain or not?
The terms and conditions under which works enter the public domain are a bit complicated. In general, anything published more than 75 years ago is now in the public domain. Works published after 1978 are protected for the lifetime of the author plus 70 years. The laws governing works published fewer than 75 years ago but before 1978 are more complicated, although generally copyright protection extended 28 years after publication plus 47 more years if the copyright was renewed, totaling 75 years from the publication date. If you are uncertain about whether or not a work is in the public domain, it is probably best to contact a lawyer or act under the assumption that it is still protected by copyright laws.
Guidelines of Plagiarism of quotes
Side-note: Anything in brackets, is from another site
Side-note: Anything in brackets, is from another site
Included in the list
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Comments
1 - 28 of 28
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I wish I could give clappies still in columns. Well done, my friend
--Tim -
Excellent job. Stated clearly and coherently. Sampling is really a form of thievery. We all work hard, I hope, to create our own original voice. I would hate to see anyone have theirs callously stolen because it was convienent for someone.
Tom B. -
Excellent column!! I think it's something that we all should be aware of because as some of the other comments along here have stated that their work has been wrongfully used and it's a sad thing when people go to that extreme because they can't find their own creativity. Also to agree with Dogfish's comment that poet's work is usually the last or least thing people plagerize, I've read that a time or two in other places. And lastly there's another comment on here somewhere about same ideas from different people, you find alot of that here on AP what with prompt contests (Both quote and picture) that there are alot of people with the same thoughts and viewpoints that aren't necessarily stealing someone else's idea. Thanks for posting such a good column and thanks to the moderators here at AP who work hard to keep us safe as a poetry community from these kinds of events.
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is allpoetry's copyright sustainable in a court of law?
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wait... does it count if it's a few words from a song? o.o;; *afraid*
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I understand what you are saying about Plagiarism... yet sometimes 2 minds can think alike, be how ever close or far they live apart, yet the wording is different but the meaning is the same... so it seems it is first come first served... it will be a sad day when one has to live in a world that each word spoken or written becomes a copyright to those who can afford it....
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great column and I agree that it would feel like you were personally abused etc to have your original work stolen and plagiarised thanks for this....plagiarists are worse than thieves ...they are a true lowlife who hasn't respect enough to accept other peoples talent and have a go themselves
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Thanks so much for this column. This is why I am glad there is a copyright mark on each poet's work on here. I remember a few years ago there wasn't a copyright on poet's work here and I was concerned about my work getting stolen. I do broadcast some of my poems on my youtube channel, but I made sure to put a link to my channel on my author page before posting them on my channel. People can feel free to check my author page to see that. I feel badly for anyone who is a victim of plagiarism. If my poems were ever taken, I would feel a part of my soul was stolen. A poet's work is an expression of who they are as a person. I was a little concerned before I read the part about public domain, though. Is it alright to quote Socrates and some other philosophers from the ancient Greek times? I guess I'll have to look up Canada's copyrights law. again, thanks.
Haley Mary Arzab (HaleyMary)
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The question of law aside, a quotation is the intellectual property of the creator and it is just as unethical for someone to steal it and claim it as their own as it is to steal a physical possession such as a car. The original owner worked hard to buy the car, just as he/she worked hard to establish their intellect and creativity. Theft is theft, whether the object is visible or intellectual.
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All of this is interesting but, of course, it seems to be mainly about American law and practice. Different laws apply elsewhere. For example, in Britain plagiarism is a civil not a criminal offence.
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Thanks B
for this information, everything here is very useful and we do tend to use things...unwilling to the harm it may cause if recognize...like u said ignorance is not an excuse in a court of law.
Thanks and I will be more careful from now on in using Famous quotes and/or Proverbs.
All the best
-e -
I believe that Canada's
laws are similar to England's. If I write something and someone copies it without my permission I can prosecute. Also, copyright can be passed down to the family or sold to a corporation which can hold it forever. -
You cite here that things are the same internationally- you might want to clarify that they AREN'T. British law is slightly different- because the culture and language of the USA and Britain allow cross-study and so on so easily, I've seen academics penalised for accidentally photocopying too much (an innocent mistake) or trying to use loopholes in their nationality's copywrite laws to get away with something.
In the UK, ALL creative work is copywrite- any measures taken to protect it by banking copies etc' is simply a way of making it easier to prove. If I, however, wrote a shopping list with no proof or anything, it would still be copywrite. The exceptions are materials where permission is expressedly given for copying (usually photocopying) or declared copywrite free.
Plagarism is generally taken (in law) to be deliberate- accidental infringement of copywrite is called just that in court and academia. You also have intellectual property law, where medical, scientific discoveries etc' are protected; extremely lucrative and career advancing for those who make those discoveries. -
The idea that a fact can be copyright is absurd. It is the original research and publication that is copyright. A fact is a fact. Once it becomes known it is common knowledge. What a person cannot do is claim it was they who uncovered or established the fact, when it was someone else's work that did so.
If the law of any country tries to state otherwise, then that law is an ass (I cite Charles Dickens here!), not based on reason, and counter to natural justice. -
Very Good
I have a poem posted on another site, that was written by Walt Whitman. Not only does Mr. Whitman get the credit, but I also give credit for seeing on a county buss ad space. Plagiarism cannot be tolerated, and credit MUST be given to the author of the poem, story, anecdote, quote, or motto. Here in the Melbourne area of Australia they areusing the music of the United States Marine Corps' theme "The Marine Hymn", for their footy commercial. There is nothing in the advertisement that says the music is used with permission of the United States Marine Corps. -
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For your info, the American Marines "Hymn" is actually itself stolen. The tune is by Offenbach and was plagiarised by the US Marines. It is out of copyright. The commercial need not mention the yank marines.
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True but at the same time both quotes will be looked at carefully because there are those who try to re-word/work it as their own when the thought of the quote was already made. -
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case in point. George Harrison was sued for claiming he wrote "My Sweet Lord." It turns out he remembered it from his child hood but thought he had come up with it. It was "innocent" let us say, but he still had to turn over a percentage of his profits for the song to the original writer.
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I think it is wonderful that you have posted this column. I am a victim of plagiarism and when it happened to me on another site a few years ago, It was worse than being robbed of anything of material value. When someone steals your creativity, it is a part of you and not something that can be replaced. A friend came across my poems on a website under someone else's name and it was several days before I could get anything done about it . The moderators of the site brushed me off until I was joined by a group of 10 other poets demanding that they remove my work from her name. It was more than distressing . It was a nightmare. Thank you for the information...
Lynda
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Lynda, In all actuality, I've had this column for a good long while but took it down and revamped it so it is more current with the date -
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well I am sorry that I missed it before, and thanks again!
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William, I heard, just off hand, in a news report about the rampent problem of plagiarism in so many spheres of life today, that the group of persons found to be the least likly to plagiarize are poets...does that ring true with what you've found yoursalf?
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my experience is when a person steals poetry they steal bucketloads of it at once... it's sad, and a little scary when you think about the fact we all have our work here on display..
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Very glad to see this here today.
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How about pictures that are posted alongside the text work? Should the source ALWAYS accompany the art, photos, sketches or what have you? I know I've done that and did not take the minute it would take to include the source.
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Three Egg Omelet,
Whether it's quotes, poems, images (all types/mediums of art) you should ALWAYS keep in mind of where you get them from because plagiarism covers everything in the copyriting laws of each state and/or country. Take for instance, that you took a very famous person's art (keeping in mind that the person is alive) and you did not get permission to use their art. What they can do is what's termed a 'double lawsuit' which in essence means that they can sue you then turn around and your state/country can sue you for copyrite infringments.
But at the same time, don't hesistate to acknowledge the owner AND before you grab the image, e-mail that individual and ask for their permission. -
Anytime someone elses work is used there should be credit noted. It's not just law, but also common courtesy.
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Exactly
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