Also known as: plagiarize · plagiarized · plagiarizing · plagiarisms · literary theft · copyright infringement
Written by attorneys · grounded in primary & secondary sources — see below
The deliberate and knowing presentation of another person's original ideas or creative expressions as one's own. Plagiarism is treated as an ethical violation rather than a freestanding legal claim. When the copied expression lacks permission it may also constitute copyright infringement or, if it produces commercial gain, a Lanham Act violation.
Ridge Eco discovered that Prime Sustainability had copied its copyrighted climate maps verbatim into agency reports while falsely claiming endorsement. Ridge Eco sued in federal court for copyright infringement and added a state unfair-competition count arising from the identical copying. The court exercised supplemental jurisdiction over the state claim because both counts rested on the same acts.
Journalist Malcolm reported statements that Masson never made and presented them as his own words in a published profile. Masson sued for defamation. The court examined whether the fabricated passages altered the meaning of the article.
Select any source to read its text and confirm it supports the definition.
The Nation published long excerpts from President Ford's unpublished memoir without attribution or license. Harper & Row sued for copyright infringement. The Court analyzed whether the verbatim copying weighed against fair use.
Grokster distributed software that enabled users to locate and share copyrighted music files. MGM sued for contributory infringement. The Court examined whether Grokster's business model promoted infringement of protected works.
Consumers used Sony VCRs to record television programs for later viewing. Universal sued for contributory copyright infringement. The Court held that the private recordings did not involve commercial substitution of the original works.
International News Service copied AP dispatches and sold them to its own subscribers under its name. AP sued for unfair competition. The Court treated the unattributed copying as diverting the commercial value of the original reporting.
Plagiarism is an ethical offense enforceable by academic or professional authorities rather than courts. When the copied expression is taken without permission it may also violate copyright law or the Lanham Act if commercial gain results.
Supporting sources
A lawyer convicted of forgery and plagiarism-related misdemeanors arising from a grant application faces discipline because the convictions reflect adversely on honesty and fitness to practice. The institutional purpose and lack of personal gain do not excuse the deceit.
Supporting sources
Plagiarism occurs whenever credit is falsely claimed regardless of permission. Copyright infringement requires unauthorized copying of protected expression. The plagiarist may still infringe even when attribution is given if permission is absent.
Supporting sources
…54, 57. Four of these were fictitious listings that Rural had inserted into its directory to detect copying. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist, in compiling its own directory, could not use the information contained in Rural's white pages. Rural…