Legal Issues

Plagiarism and copyright laws in the United States are very concrete in their convictions.  Both terms describe a form of theft and misrepresentation of oneself.   Plagiarism is more prevalent in academic settings, but copyright violations can be seen in every facet of everyday life.  There are consequences to be faced for disregarding the law as it pertains to either offense.  This paper will carefully examine both offenses for similarities and differences.

In a recent television news program, one of the United States senators was reported as having plagiarized several of his writings.  While the media seemed to take great interest in the story insofar as poking fun at the senator, the offense committed was anything but humorous.  Another news program depicted the issues of copyright infringement with regard to musical downloads over the internet at no cost to the consumer.  The musicians who produced the music were enraged since they were not only losing a profitable gain.  The issues surrounding plagiarism and copyright law in the United States is very clear and concise with regard to what is permissible and what is criminal.
   
Plagiarism is a form of theft and misrepresentation.  Plagiarism occurs when someone copies the work of another and attempts to pass it off as a personal creation.  The act of plagiarism can occur in writing by improperly giving credit to a source for the information being reported, or it can be something as simple as a misrepresentation of statistical figures (Hricko  Howell, 2006).  Colleges and universities across the United States have developed specialized programs to combat the instance of plagiarism.  Some academic institutions use websites that allow assignments to be uploaded and screened for plagiarism.  If plagiarism is discovered to have occurred, each institution addresses the violation as to its policy and procedures.
   
Copyright infringement is a more serious offense as it is on a federal level of statute violations.  A copyright violation can occur by simply photocopying an item that is copyrighted without the expressed permission of the owner (Stim, 2009).  One has to wonder if the copying of a state issued driver permit would constitute a copyright violation.  Copyright infringement can result in civil and criminal charges depending on the severity of the offense.
   
The University of Maryland (UM) is quite clear with consideration to its academic dishonesty policy.  Academic dishonesty, according to the UM, is the failure of one to maintain academic integrity (University of Maryland University College, 2006).  The offense can transpire on or off academic grounds and be made by a student, member of staff, or faculty.  The best way to avoid plagiarism is to cite all work and information collected during the research phase of development.  Several acts are prime examples of academic dishonesty.  Mistakes can happen.  Accidental oversights in referencing have been known to take place, but it is ultimately the individuals responsibility to check their work for errors. The University of Maryland suggests that plagiarism can be viewed as an act of cheating, lying, bribery, helping another student on an exam, doing someone elses work for them, having prior knowledge to exam questions, and using a proxy for examination purposes.
   
When an act of academic dishonesty, plagiarism, is suspected to have materialized, a tribunal of sorts is put into action (Kitchin  Fuller, 2005).  The suspected offender is notified of the charge.  Within seven days, the offender must respond to the allegation, or their silence will be taken as an admission of guilt.  The Central Records division at the UM is also notified within ten days of the suspected offense.  The suspected offender is notified in writing of the investigation being conducted by the Central Records office within ten days.  Any sanction notifications are also included in the correspondence.  The offender is afforded the opportunity to request a formal hearing within twenty days of notification, whereby a decision on the matter will ultimately be rendered within an additional twenty days.  If the suspected offender does not respond to the notice from Central Records, then the silence will be taken as an admission of guilt to the alleged offense.  If the suspected offender is in disagreement with the decision rendered by the academic institution, then they are allotted the opportunity to appeal within a thirty day period.  The appeal process involves a review of the evidence on file, processing current institutional policy, and then rendering a decision within forty days.  The entire process is lengthy and drawn out, but it can all be prevented if the necessary precautions are taken to avoid an allegation of plagiarism (Posner, 2007).
   
Copyright laws have a special set of provision in reference to what the copyright owner can and cannot do with their copyrighted materials.  A copyright owner can reproduce their product.  The individual may prepare the work for sale or reproduction at their discretion.  The copyright owner can distribute their product at will and at their decided cost.  Their work can be produced publically.  This means that it can be acted out in a theatre, musical, or other choreographed event (Stim, 2009).  The copyright owner also has the right to publically display their item of special interest.  Copyright laws do not protect every individual work.  According to Tysver, unprotected works are, unfixed works, titles, short phrases, ideas, and useful articles (2008).  The United States Copyright Office indicates that after March 1st, 1989, a copyright is not required to protect products, but it does recommend doing so in the event that copyright infringement occurs.
Grievances and procedures against one accused of copyright violations are relatively tranquil.  When an individual feels that their copyright protections have been desecrated, an attorney is the most viable choice to handle the matter.   These matters generally come about on a higher scale.  Authors, musicians, entertainers, and pharmaceutical companies have been known to pursue civil action for copyright infringements.  Someone may have reproduced copies of popular movies or discs and profiting from the sales without expressed permission.  Pharmaceutical companies may sue another pharmaceutical company for the formulation of a copyright protected medication on the market for consumers.  Copyright laws are designed to protect the work and creations of the original designer, or mastermind (Stim, 2009).  If the infringement demonstrates deliberate and direct knowledge of copyright violations, then the suspected offender may succumb to criminal charges as well.
   
A person who has violated either the plagiarism statutes or a copyright law may realize the severity of their offense too little too late.  The allegation alone creates an unspoken stigma against ones character.  The ability to trust the individual becomes a matter for debate.  They are scrutinized as cheaters, liars, and thieves.  Someone accused of academic plagiarism may find them suspended or expelled from the academic institution.  They may find it almost impossible to be granted entry into another academic setting in lieu of the offense.  If criminal action is pursued, their lives could be forever changed.  The lives of their families could end up devastated, and their freedom could come with a price.  Financial ruin is another aspect to be considered since civil procedures commonly allow for restitution to the one who was victimized (Tysver, 2008).  From a psychological standpoint, an offender may find that depression, anxiety, or even suicidal thoughts may emerge.
   
Plagiarism allows for civil procedures in a court of law.  Copyright infringement permits both criminal and civil proceedings to occur.  If plagiarism occurs under a copyright law, then the individual could be charged with a misdemeanor offense.  The fine could range between one hundred dollars and fifty-thousand dollars.  Another disadvantage is that the individual could be forced to serve up to one year in jail (Tysver, 2008).  Findings of guilt for academic plagiarism may also constitute penalties if the student received any government grants or aid for attendance.  The individual may be dismissed from participation in the federal grant or student loan program and be mandated to repay all monies loaned immediately.
   
Academic plagiarism and copyright violations are acts of dishonesty, thievery, and misrepresentation.  To knowingly take the work of someone else and use it for personal gain or gratification is repulsive.  Each person has the ability to use restraint and personal intellect to avoid such happenings.  To violate either of these statutes is a gross violation of the hard work and conscious efforts made by a hard-working individual.  The penalties for both offenses should be elevated.  Criminal penalties should be imposed in every state for academic plagiarism given the technological age in which students now live.  Fines imposed through civil proceedings are nice scratches on the surface, but the reality of the offense is not truly embedded.  Individuals should begin holding themselves personally accountable for every action and thought that they produce.  Ignorance is no defense in any court of law.  With all the new technologies, inventions, and programs that make it easier and faster to complete tasks, it would only seem necessary that innovations be incorporated to prevent acts like plagiarism and copyright infringement.  It only takes a moment to double check a piece of work, but it could take a lifetime to recover from being labeled a thief, a liar, and a cheat.