Type “plag” in a Google search box and “plagiarism” is the first word suggested. Second on the list is “plague.” Some rough logic would indicate that people are more interested in or concerned about plagiarism than they are about the danger of plagues. It’s no certain science, but it’s a good argument for people’s preoccupation with the theft of ideas. Wikipedia’s definition of plagiarism is replete with contradictions, arguments over degrees, even disagreements over its very existence. The page is in constant flux — it was last changed the day before I penned these lines.
Type “is plag” and Google suggests “is plagiarism illegal.” People, including yours truly, are also interested in knowing if stealing intellectual property is in fact a crime. Some other Google suggestions: is plagiarism illegal, is plagiarism a crime, is it against the law, is it wrong, is it a federal offense, is it a misdemeanor, is it illegal in the U.S., is it cheating, is it ethical, is it theft, and is it on the rise.
Plagiarism is not illegal in the U.S., although it depends on the degree of the theft. If it violates the Fair Use doctrine than it is a violation of copyright law. Copyright rules for the Web are not clear because of the international nature of the internet. However, the U.S. is arguably more lenient when it comes to prosecuting claims of copyright infringement than other countries. Asya Calixto, a lawyer in Prince Lobel's media and intellectual property group, said that "there isn’t a rule of thumb when it comes to fair use, and that the doctrine is very case-specific."
In one case, Righthaven LLC vs. Realty One Group Inc., the court found that the use of eight sentences from a 30-sentence story was Fair Use in part because it took facts from the story and not creative interpretations of those facts. "The closer you get to non-factual interpretations, comments, or conclusions, the more likely it is that your use would constitute copyright infringement," Calixto said.
In one case, Righthaven LLC vs. Realty One Group Inc., the court found that the use of eight sentences from a 30-sentence story was Fair Use in part because it took facts from the story and not creative interpretations of those facts. "The closer you get to non-factual interpretations, comments, or conclusions, the more likely it is that your use would constitute copyright infringement," Calixto said.
