In 1790 the United States began a federal copyright law to protect authors and publishers published documents (Siwek, 2014). Since this enactment, the Library of Congress has overseen the Copyright Office, as one of their many responsibilities. The Library of Congress is not near the Copyright Office and has struggled to keep copyright obligations as a priority. In addition, it is argued that this copyright structure can be considered unconstitutional. Some of the powers are not aligned with all three branches of the government.
These issues lead the need for the Copyright Office to no longer be under the responsibility of the Library. I believe that the Hudson Institute makes a good case for this separation. Separating these two would allow the Copyright Office to be more effective and productive office. The Library of Congress has many more functions then just copyright issues, because of this they have been unable to modernize their systems and have been unable to become paperless (Siwek, 2014). If the Copyright Office was its own entity it would be better equipped to keep up with their responsibilities.
Plagiarism is when a person takes another person’s original work and presents it as their own (Bailey, 2013). This work can include several things including words, images, and ideas. When a person copies and pastes from a website, blog, or post can be considered plagiarism. Moreover, when a person uses a source without citing the source, this is plagiarism. Most of plagiarized work can also be considered copyright infringement.
There is a lot of overlap between copyright infringement and plagiarism. Copyright infringement is an unlawful action that violates one who owns a copyright. Copyright is a legal issue, where plagiarism is an ethical one. Due to recent actions, the copyright explanation has extended to include “created by a human being” and work created by an animal cannot be protected (Eng, 2014). The protection of a copyright is relevant for both published and unpublished works and includes all intellectual works. Copyright can include copying, distributing, or selling another person’s book, play, or other work. If someone were to write a paper claiming their ideas to be original but they used several various copyrighted sources without citing, this would be copyright infringement.
The attribution license allows the owner to get credit for the original work they have created (Creative Commons, 2008). The only requirement to use the original work is to credit the author (Morehouse, 2012). If the credit is given the works can be copied, distributed, make derivative works, and share these works. Derivative works included anything adapted from the original work. Educators can use content with an attribution license to make changes and use in their classroom without infringing on copyright laws. The teacher would not need permission to do this but would need to properly give credit to the creator. There are diverse types of attribution, so it important for educators to be aware which type of license the work they are using falls under.
Fair use allows for copying and copyrighted material to be used for a transformative purpose. (Stim, 2018). These uses can be done without the owner’s permission, which provides an easier opportunity for educators to use and share educational resources. Transformative use is a complicated one and open to interpretation. Millions of dollars have tied up courts debating what situations are allowable and what are considered copyright infringements. One example would be for someone to borrow quotes form a speech and use this information to print in a newsletter. The quotes have been transformed but used to create something new, so most likely this would be acceptable.
Bailey, J. (2013, October 7). www.plagiarismtoday.com. Retrieved from https://www.plagiarismtoday.com/2013/10/07/difference-copyright-infringement-plagiarism/
Creative Commons. (2008, July 30). A share culture. Retreived from: https://www.youtube.com/watch?v=1DKm96Ftfko
Eng, J. (2014, August 21). www.nbcnews.com. Retrieved from Monkey selfie drives copyright lawyers bananas: https://www.nbcnews.com/tech/social-media/monkey-selfie-cant-be-copyrighted-u-s-regulators-confirm-n186296
Stim, R. (2018). stanford.edu. Retrieved from https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
Stephen E. Siwek, “Copyright Industries in the U.S. Econonmy,” 2014 Retreived from http://www.ipa.com/pdf/2014CpyrtRptFull.PDF