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This is an abridged version of Teddi Fishman's definition of plagiarism, which proposed five elements characteristic of plagiarism. [57] According to Fishman, plagiarism occurs when someone: Uses words, ideas, or work products; Attributable to another identifiable person or source; Without attributing the work to the source from which it was ...
Porter: (a) whether copying occurred (as opposed to independent creation), and (b) whether the copying amounts to an "improper appropriation", meaning that enough of the author's protected expression (and not unprotected ideas) was copied to give rise to a "substantial similarity" between the original work and the putative copy.
It is usually possible to find the exact version in article history from which a mirror copy was made. Conversely, if the text in question was added in one large edit, and the text closely matches the external source, this is an indication of direct copying. When in doubt, double check search engine results with an experienced Wikipedian.
Coded anti-piracy marks can be added to films to identify the source of illegal copies and shut them down. In 2006, a notable example of using Coded Anti-Piracy marks resulted in a man being arrested [79] for uploading a screener's copy of the movie Flushed Away. Some photocopiers use Machine Identification Code dots for similar purposes.
In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version. [47] 321 Studios v. Metro Goldwyn Mayer Studios, Inc. – 321 Studios made copies that allowed users to copy DVDs, including those with CSS copy protection, to another DVD or to a ...
Substantial similarity is the term used by all courts to describe, once copying has been established, the threshold where that copying wrongfully appropriates the plaintiff's protected expression. It is found when similarity between the copyrightable elements of two works rises above the de minimis exception, reaching a threshold that is ...
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[9] Joseph Story wrote the opinion in Folsom v. Marsh. The four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v. Marsh, [6] in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own. [10]