Plagiarism in Legal Research

The word plagiarism is derived from the Latin word plagium, which means to kidnap or abduct 1.
Plagiarism is an act of plagiarizing. Merriam Webster dictionary defines the act of plagiarizing as to
commit literary theft i.e. to steal and pass off the ideas or words of another as one's own 2. In other words,
to use another's production without crediting the source. This process of giving credit to the original
author is done through citation. Whenever we borrow an idea from any place, we acknowledge the
borrowing by giving the name of the author, books, and journals etc. through the citation. But in
plagiarism though the idea is borrowed the citation is omitted by theplagiarist. The missing citation
suggests that the work is the plagiarist’s own idea.

Forms of Plagiarism

Using others published ideas as one’s own

It is a form of plagiarism when we use others published idea as our own. Materials on any subject are
easily available on internet, books which we refer to enhance our understanding. But the problem arises
when we take idea from it and do not give credit to the author. Because whenever a written work gets
published, it becomes the property of the writer or the publisher and whoever uses it, it is his duty to
credit the source otherwise he will end committing plagiarism 3.

Representing images or excerpts from books, journal as one’s own work.

Using small images, paragraphs, parts or excerpts from a book, journals etc. as one’s own work also
constitute a kind of plagiarism. Whatever given as an image or in writing form in a book or article is a
form of expression of the writer who wrote the book. It is his way of thinking or expressing his thoughts
on a particular topic. So when we use any excerpt or image from that book, we borrow it from that book,
it is not our own idea so it can’t be presented as our own. If it is done, it shall be a plagiarism.

* Collaboration in assignment requiring individual effort.

* Assignment requiring individual effort when done in collaboration also constitute a kind of plagiarism.
* Resubmission of an earlier work as new piece.
* Resubmission of an earlier work as a new piece is also a kind of plagiarism.

Plagiarism- Better Understanding The Term

Whenever we have to write something on a particular topic, we first study the topic from different
sources, whether it is books, articles, online articles, journals or information available on different
websites. Through these readings, we understand our topic and then start writing on it. Now what we
should do to avoid plagiarism, whether we should avoid using books, websites and other sources. The
answer is off course not. It is great to get information on things we do not know much about from experts
on the subject matter. The only thing we have to do is to make sure, that we do not forget to show the
source, from where the information came. If we do that, we are not at all guilty.

1
 Valpy, Francis Edward Jackson(2005) Etymological Dictionary of the Latin Language, p.345
2
Merriam Webster dictionary 2005 edition
3
Sutherland, smith W. “Pandora’s box academic perceptions of student’s plagiarism in writing.” Journal of English for academic Purposes 4.1 (2005) :
83-95
The basic and most important question to be asked from self in this regard is that, whether we knew the
information or we had the knowledge about what we are writing, before coming to these websites or
articles. If the answer is no, then these are surely not our ideas or thoughts. Then what we should do, is
that we must write down the name of the website or the journal and the writer, i.e. we must credit the
source4.

Why Plagiarism is a Wrong

* Plagiarism is a wrong because,
* It is a Misappropriation of work
* It is a Misappropriation of credits
* It is also a kind of Misinforming and misleading the public as to source of work

Plagiarism-When Committed
Accidental
Plagiarism even if an act of cheating is a complicated thing to understand. It's not always easy to tell what
is plagiarism and what is not, because the person who commits plagiarism sometime even don’t know or
understand, that he is committing plagiarism. Sometimes, it is accidental, he really intended to do his own
work, but instead ended up with some sentences that sound just like something he has read.

Intentional
Though plagiarism can be accidental, it is sometimes done deliberately and that is just because of the
plagiarist needs shortcuts to finish the work or he just being does it. By copying whole paragraphs from
different places, the plagiarist does not have to spend much time thinking about the subject, gathering his
own thoughts about it, and then putting it into original words. Just cut, paste, and he is done.

Lack of research skill

Lack of research skill is also a reason of Plagiarism. When students does not have a good research skill
they commit it. The reason being students may fear failure or fear taking risks in their own work.

Poor time-management skills

Many times plagiarism committed due to students may have poor time-management skills or they may
plan poorly for the time and efforts required for research-based writing, and believe they have no choice
but to plagiarize.

No fear of consequences
One of the reasons of commission of plagiarism is, Students may view the course, the assignment, the
conventions of academic documentation, or the consequences of cheating as unimportant. It happens due
to Instructors and institutions may fail to report cheating when it does occur, or may not enforce
appropriate penalties.

Ease of accsess to digital sources

It is another reason for the rise in the cases of plagiarism. Medium like google and Wikipedia has made
the digital sources easily available to everyone. So, rather studying books, people find it easier to access
4
Prof. P Bernt Hugenholtz, Plagiarism versus Copyright: the Rise of Rights in Reputation, (4 February 2012), 
the required material through these website saving their time and labour. Just copy, paste and they are
done.

What Rules To Be Followed To Avoid Plagiarism

Rule 1: we must admit direct use of someone else’s words.

Admitting direct use of someone else’s work is very important to avoid plagiarism. It is done by giving
quotation marks around the sentence copied directly. One thing should also be done in direct copy of
sentence that the sentence must be printed in italics.

Rule 2: we must accept any words we paraphrase from any source.

Even if one changes a few words and mix up the order of the source sentence, to avoid plagiarism, he
mustgive a citation. It is permissible to paraphrase only if proper attribution is given to the original writer.

Rule 3: we must accept our direct use of someone else’s idea.

If we borrow an idea from any source, we must include a citation because it expresses the same idea as
the source article. Even If we are ever in doubt, we should err on the side of giving credit. We should
always remember that a citation increases persuasiveness.
Rule 4: we should acknowledge our source when our own examination or conclusion is dependent on that
source.

Any writer generally depends upon many sources to arrive at his own analysis. Sometimes a source may
prompt a related idea. In these instances, even citation to the original source, with an appropriate signal,
should be included. It can be done by citing the source preceded by the signal “see” or any other
appropriate signal in pursuance of OSCOLA, blue book rule or any other citation rule 5.

Crediting The Source

As a student, or an academic, we are free to use any of the millions of ideas, insights and arguments
published by other writers, many of whom have spent years of hard work researching and writing. All
they ask is that we must acknowledge their contribution to our assignment. There are many different
systems of citation like OSCOLA, THE BLUE BOOK etc which are followed to bring uniformity in the
citation system in a particular project. The main purpose of citation may be as follows:

# To identify the document and document part to which the writer is referring.
# To provide the reader with sufficient information to find the document or document part.
# To furnish important additional to assist readers in deciding whether or not to pursue the reference.

Norms To Regulate The Menace

Plagiarism is regarded worldwide as a serious form of academic misconduct. Plagiarism is not a crime per
se but is disapproved more on the grounds of moral offence and cases of plagiarism can involve liability
for copyright infringement.

5
Robert Lands, Plagiarism is no Crime, (December 1999)
Most often, plagiarism is dealt with through an informal, though robust, system of social disapproval. In
other cases, it is addressed through formal disciplinary proceedings administered by academic and
professional institutions and some legal doctrines.

The Treatment of Plagiarism Through Informal Social Stigma

Those who commit the act of plagiarism risk, in the first instance, disapprobation of those colleagues
whose opinion he most values. Such a sanction is particularly appropriate because the

plagiarist is denied exactly the social good that his unattributed copying is intended to draw namely, the
respect of his peers and the benefits that flow from such respect, such as academic credit, prestige, and
financial reward.

Plagiarism as a Formally Sanctioned, Institutionally Enforced, Ethical Violation

The growing problem of plagiarism in schools, colleges and even in universities has compelled the
concerned authorities to take it quite seriously. One of the most striking characteristics of plagiarism is
that its investigation, adjudication, and punishment are typically committed to educational and
professional institutions that resolve the charges, essentially, in private. For those in educational
situations, the penalty for plagiarism depends on several variables. For example, if it is a simple mistake
where sources are incorrectly cited the administrator may give that student an opportunity to make
corrections or give him a grade appropriate for these errors. However, those who repeatedly plagiarize
material may experience anything from failing the class to being expelled. So Plagiarism is prohibited by
various codes of academic and professional ethics. Violation of such codes can lead to a student’s being
failed, suspended, or expelled; professors and other employees being dismissed.

Besides causing considerable wastage of time, money and effort, such penalties can have an adverse
effect on the future of a student, as a student expelled from one institution usually finds it hard to get
admission in any other reputed educational institution.

Civil Legal Remedies for Acts That Constitute Plagiarism

Legally, it is a subject matter of copyright infringement law and unfair competition, and can attract legal
and monetary penalties for the violaters. The offender may be penalized to compensate for the loss of
profit of the original writer. Sometimes, penalties can include criminal punishments and imprisonment.

Plagiarism as copyright infringement

Although there is a significant overlap between plagiarism and copyright infringement, the two concepts
are obviously distinct: there are cases of plagiarism that do not constitute copyright infringement, and
vice versa.

There is no infringement when copying involves work that has an expired copyright, is in the public
domain, the rule of plagiarism has no such limitations.

Moreover, whereas plagiarism can occur when a writer fails to acknowledge the source of facts, ideas, or
specific language, copyright infringement occurs only when specific language is copied or used in a
derivative work. To put it another way, the rule against plagiarism departs from the fundamental concept
in copyright law that only the “expression” and not the “idea” or “facts” that underlie such expression is
protected.

In addition, whereas certain limited uses of copyrighted material are exempt from infringement claims
under the “fair use” doctrine,142 plagiarism has no analogous exception; it can occur whenever a writer
uses even a small excerpt of someone else’s work.

Conversely, there are cases of copyright infringement that do not constitute plagiarism. Recall that
plagiarism involves not just copying, but also passing off. Therefore, one who copied a copyrighted
literary or artistic work without an intent to pass the work off as his own would not be plagiarizing. But a
person who reproduced all or part of a copyrighted work without permission would be committing
copyright infringement even if he attributes.

Therefore copyright protection is not available in all cases of plagiarism. There may be plagiarism of an
intellectual property without infringement of copyright, and there may also be cases in which copyright
infringement takes place without plagiarism. So intellectual property is protected by copyright laws, just
like original inventions as long as they are recorded in some way i.e. protected by following the process
of registration provided by the copyright law.

ii. Plagiarism as unfair competition

Under the tort law doctrine of unfair competition, there are two principles or doctrines that bear
resemblance to the rule against plagiarism: reverse palming or passing off and misappropriation.

Palming off is the selling of goods under the name of another, typically better known, competitor. For
example, a restaurant that substitutes a similar (usually cheaper) product in response to a

request for Coca-Cola, or which refills genuine Coke bottles with a different brand, has committed the
tort of palming off. Reverse palming off involves the selling of another’s product under one’s own name.
In the case of Smith v.Montoro. Plaintiff starred in a film which was produced by defendant film
company in Europe. When the defendant distributed the film in the United States, however, it removed
plaintiff’s name and substituted the name of another actor in both the film credits and advertising
materials. The plaintiff sued, alleging reverse palming off. The court held that the plaintiff had stated a
valid cause of action.

Another body of unfair competition law that is theoretically applicable to cases of plagiarism is the
misappropriation doctrine recognized by the Supreme Court in International News Service v. associated
Press. The misappropriation doctrine establishes tort protection for various kinds of intangible “quasi-
property,” such as ideas, information, formulas, designs, and artistic creations. The

doctrine is premised on the notion that a commercial rival should not be allowed to profit unfairly from
the costly investment and labor of one who produces information.

iii. Plagiarism as a Violation of the European Doctrine of Moral Rights

Although there is considerable variation in the exact contours of the doctrine as it applies in various
jurisdictions, the primarily European doctrine of moral rights is usually said to consist of three basic parts:
the right of integrity, the right of disclosure, and the right of attribution (or paternity, as it is sometimes
called).160 The right of integrity prevents others from destroying or altering an artist’s work

without the artist’s permission.161 The right of disclosure allows the artist the right to decide when a
given work is completed and when, if ever, it will be displayed, performed, or published.162 As its name
would suggest, the right of attribution is most relevant in the context of plagiarism. The right is both
positive and negative. An author or artist has the right both to be identified as the author of any work that
she has created and to prevent the use of her name as the author of a work she did not create.163 The
doctrine of moral rights is well established and expansive in Europe and elsewhere. The various moral
rights are recognized most prominently in Article 6bis of the Berne Convention for the Protection of
Literary and Artistic Rights, which currently has more than one hundred signatories and which expressly
recognizes the “right to claim authorship of the work. In some other countries such as United states, the
right is much more limited. So protection from plagiarism as a violation of moral rights is not same
everywhere and its application differs from country to country 6.

Conclusion
The act of plagiarism cannot be justified in any circumstances. This act of plagiarism is not only
condemned by the society in general but also condemned and addressed through formal disciplinary
proceeding by the educational institution. Apart from this it can also attract legal and monetary penalties.
Generally these methods are used as shortcuts to avoid hard labour and efforts. But these are the shortcuts
that will probably catch up, even if we don't get caught for plagiarism and one should always keep in
mind that there is no other proper way than creativity. It is therefore essential for us to be competent to
think on a subject, explore it, and then come up with something interesting and different to say. This
skillfulness is needed everywhere, whether we are studying in school, college or doing our research work
at PhD. Level. Moreover if we do study and labour to produce a work, we will find that these free
available materials on internet are often far inferior to what could we produce on our own.

6
Chandrima Bora, Consequences of Plagiarism- Penalties for Plagiarism, (10/12/2011), http://www.buzzle.com/articles/consequences-of-plagiarism-
penalties-for-plagiarism.html