Is plagiarism illegal? This is one of the common questions and a lingering fear among writers. Even though we never mean to copy and claim someone else’s work as our own, plagiarism can occur unintentionally.
And at times, it can be too late to recognize you have copied others’ work and wonder about the consequences of plagiarism.
Here is a detailed guide that answers if plagiarism is illegal and sheds light on different types of plagiarism and their consequences.
Keep reading for more!
Understanding What Plagiarism Defines
Plagiarism has multiple facets; therefore, a clear knowledge of its different forms is a must to avoid landing on the claims of copied content.
1. Direct Plagiarism
Direct plagiarism is when you copy a specific section of someone’s work word-to-word without commas or attribution. This is the most blatant and unethical form of plagiarism, where the writer represents someone else’s work as their own.
2. Complete Plagiarism
Complete plagiarism is somewhat similar to direct plagiarism. In this type also, you present someone else’s work as your own. But the difference lies in how much of it is plagiarized. For example, paying someone to write a paper or blog for you and publish it under your name is a form of complete plagiarism.
3. Paraphrasing
Not many people consider paraphrasing as plagiarism, but rewriting another person’s work in your own language isn’t authentic.
Hence, reusing and replacing a couple of words from another writer’s work and submitting it as yours is a type of plagiarism. It’s not considered authentic or original, regardless of how finely you rewrite it.
4. Patchwork Plagiarism
Patchwork plagiarism, as the name states, is when you take bits and pieces from multiple sources and combine them with your content.
Also known as mosaic plagiarism, it can range from using sentences or large paragraphs. Patchwork plagiarism, due to its integration within the writer’s own work, can go unnoticed easily.
5. Self-plagiarism
You may have never thought of it, but repurposing your own work is also another form of plagiarism. If you duplicate your previously published work without appropriate citation or acknowledgment, it is self-plagiarism and can land you in trouble.
For example, you published a short story some years back, and you’re using the same content as a blog post or research paper with no citation to your previously published work. This is a form of self-plagiarism.
6. Source Based Plagiarism
Source-based plagiarism occurs when you don’t attribute to the correct source. For example, if you took a paragraph or a quote from a secondary source but attributed it only to the primary source would be an instance of source-based plagiarism.
Source-based plagiarism can also occur when you incorrectly cite a source.
7. Accidental Plagiarism
Last but not least, we have accidental plagiarism. When a writer forgets to cite the sources or does not realize they are claiming someone else’s work to be their own, it’s called accidental plagiarism.
Is Plagiarism Illegal?
No, plagiarism isn’t illegal in all cases, but it can bring serious harm to your intellectual and academic integrity.
Academic institutes throughout the globe uphold ethical codes that emphasize the importance of originality, attribution, and respect for intellectual property.
And even though you may not go to jail for copying someone’s work, you may get banished from your institute or place of employment.
According to Duke University, every time you use another writer/author’s content, you must acknowledge them in your text to avoid legal proceedings.
Moreover, if someone uses copyrighted material inappropriately, they can be prosecuted in a court of law. It does not matter whether you present the material in an altered form; it’s still regarded as a violation of copyright law, which can lead to a fine of up to $50,000 and one-year jail.
Additionally, “if the author or artist earns more than $2,500 from the copyrighted material, then plagerist would face a fine of up to $2,50,000 and imprisonment for ten years.”
The above statement might have scared you, but such consequences result only when you publish copyrighted material under your name.
Consequences Of Plagiarism
It’s true that you may not face legal consequences for copying someone’s work, but the following are some of the worst outcomes of plagiarism:
1. Academic consequences
Almost every academic institute has strict policies against plagiarism, and penalties for such misconduct could be severe. If a student’s paper is found to have copied text with no attribution, they may face punishments of temporary suspension, negative grades on the particular project, and of course, reputational damage.
Plagiarism is also considered a breach of trust between the student and the academicians. It violates the principle of integrity and honesty.
2. Legal consequences
As stated previously, legal consequences only take place when you copy from a copyrighted source. For example, if you plagiarize a chunk of words from a copyrighted novel, the author can sue you for claiming their work as yours. In this case, you may have to face legal consequences.
3. Professional Consequences
Finding guilty of plagiarism can be the biggest dent in your professional career. It would result in suspension, loss of license, and reputational damage. Moreover, a plagiarism charge may make securing another very difficult.
Understanding Other Intellectual Properties
Apart from plagiarism, a clear knowledge of intellectual properties is crucial to avoid any legal repercussions:
Copyright
Copyright is a type of intellectual property that gives protection against original works. As per U.S. copyright laws, a copyright is a set of exclusive ownership given to the creator of the original work.
Moreover, the creator of the copyrighted work has the ultimate monopoly to use, market, distribute, reproduce, or perform the work publicly.
And as per the current law, the copyright tenure for works created on or after 1st January 1978 lasts for the life of the author/ creator and 70 years after their death.
In the case of collaborative works, copyright lasts for 70 years after the last creator’s death. Anonymous or pseudonymous works have a copyright tenure of 120 years from the creation or 95 from the publication.
So which kinds of works are protected by copyright law?
Copyright applies to a wide array of mediums, such as poems, novels, films, plays, musical creations, and artistic works like paintings, photographs, sculptures, architectural works, etc.
Fair Use
According to the copyright law of the U.S. “Fair Use allows limited use of copyrighted material without requiring permission from the right holders.” Fair Use permits activities like commentary, criticism, news reporting, research, scholarship, and teaching.
However, to ensure that the Use of the copyrighted material is a “fair use,” the court considers four factors:
- The purpose and character of Use (whether it’s commercial or for non-profit Use)
- The nature (factual or creative) of the copyrighted work
- The effect upon the market upon the potential use
- The significance of the portion utilized concerning the entire copyrighted material.
Tips to Avoid Plagiarism
Plagiarism can happen unknowingly as well. So here are some tips that will save you from intellectual and legal damage of duplicate content:
1. Citing and referencing
Whenever you borrow someone’s ideas or research, make sure to cite them properly. Citation usually includes the author’s name, the title of the original work, the publication date, and the source.
2. Use plagiarism-checking tools
Technology has made it easier for us to check plagiarism through various tools like Copyscape, Grammarly, ProWritingAid, etc. use such a tool to detect matching content and make edits accordingly.
3. Ethical considerations
You must understand that plagiarism isn’t simply a breach of academic integrity; it’s also an unethical practice. Hence, you must put in the effort to produce your work and respect others’ hard work in creating theirs.
4. Spend time on research and articulation
There is no alternative to creating high-quality and authentic work. You have to spend enough time researching and understanding the topic and gathering relevant information. You should only choose topics that interest you the most to bring in your best output.
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Concluding Thoughts- Is Plagiarism Illegal
That’s everything you need to know about whether plagiarism is illegal or not. While plagiarism is unlawful only for copyrighted materials, copying others’ work can significantly damage your reputation.
Therefore, it’s best to avoid plagiarism at all costs, and you must acknowledge the author if you’re quoting or using a portion of someone else’s work.
FAQs- Is Plagiarism Illegal
Plagiarism, even one percent, should be avoided. In general, if a text has more than 20% of similar content, it’s not considered original.
While copyright and plagiarism define both unethical uses of someone else’s work, there is a slight difference. Copyright infringement is illegal and can send someone to jail, while plagiarism does not have such significant consequences.
No, you won’t go to jail for plagiarism. But if you plagiarize a copyrighted content you might get jailed.
