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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 ...
Without establishing the threshold value, legitimate infringement, or the requisite state of mind, there can be no criminal liability. If the defendant can show they had a legitimate copy or use – such as through the first-sale doctrine or the fair use doctrine – then the burden of proof falls on the government. [9]
Copying from a source acknowledged in a well-placed citation, without in-text attribution Inserting a text— copied word-for-word, or closely paraphrased with very few changes from a copyrighted source—then citing the source in an inline citation after the passage that was copied, without naming the source in the text.
Plagiarism (using someone's words, ideas, images, etc. without acknowledgment) is a matter of professional ethics, while copyright is a matter of law, and protects exact expression, not ideas. One can plagiarize even a work that is not protected by copyright, for example by passing off a line from Shakespeare as one's own.
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.
Plagiarism can also mean passing off someone else's words as your own. Even with proper credit, using full passages of another author's work is a copyright violation. Except for very brief quotations that are essential to understanding a topic, copying content from copyrighted sources onto Wikipedia is against policy.
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This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which also applies, though somewhat differently, to ...