“Please don’t copy my work.”

They do it anyway.

Is it plagiarism or is it copyright infringement?

Plagiarism is a question of attribution. Let’s say GoodGuy actually created The Work.  BadGuy not only copies The Work, but passes it off as his own. BadGuy is “attributing” authorship of The Work to himself rather than to the actual author, GoodGuy. Bottom line, it’s a lie. It’s telling the world, “I created this” when that’s not true. This is plagiarism.

 

Committing plagiarism is more of an ethical or academic violation, than a legal one.

 

Copyright Infringement is a legal issue. Copyright owners hold several distinct, exclusive rights in connection with their protected expression (e.g., the exclusive rights of reproduction; adaptation; distribution; public performance; and public display). One commits copyright infringement when she exercises one of those exclusive rights without a license from the copyright owner. (Sometimes licenses aren’t required, and under such circumstances use does not constitute infringement. For this simple discussion, though, let’s stick with the general rule: unlicensed use is copyright infringement.)

 

So, is it plagiarism or is it copyright infringement?

 

Scenario #1:

 

BadGuy captures GoodGuy’s photograph and puts it on BadGuy’s website. No attribution either way.

 

This is copyright infringement, not plagiarism, because BadGuy did not identify himself as the photographer.

 

 

Scenario #2:

 

BadGuy captures GoodGuy’s photograph and puts it on BadGuy’s website. BadGuy acknowledges that GoodGuy is the photographer.

 

This is copyright infringement, not plagiarism, because BadGuy did not identify himself as the photographer. Being honest about attribution, though,  doesn’t get BadGuy off the hook for copyright infringement. In fact, it’s an admission that he reproduced and displayed somebody else’s work.

 

Scenario #3:

 

BadGuy captures GoodGuy’s photograph and puts it on BadGuy’s website. BadGuy states that BadGuy is the photographer.

 

This is both copyright infringement and plagiarism.

 

 

Scenario #4:

 

BadGuy captures GoodGuy’s photograph and puts it on BadGuy’s website. BadGuy’s use of the work qualifies as fair use. BadGuy states that BadGuy is the photographer.

 

This is not copyright infringement because a license is not required if the use qualifies as fair use. However, it’s still plagiarism.