Plagiarist - Legal Aspects

Legal Aspects

Although plagiarism in some contexts is considered theft or stealing, the concept does not exist in a legal sense. "Plagiarism" is not mentioned in any current statute, either criminal or civil. Some cases may be treated as unfair competition or a violation of the doctrine of moral rights. The increased availability of intellectual property due to a rise in technology has furthered the debate as to whether copyright offences are criminal. In short, people are asked to use the guideline, "...if you did not write it yourself, you must give credit."

Plagiarism is not the same as copyright infringement. While both terms may apply to a particular act, they are different concepts. Copyright infringement is a violation of the rights of a copyright holder, when material restricted by copyright is used without consent. On the other hand, the moral concept of plagiarism is concerned with the unearned increment to the plagiarizing author's reputation that is achieved through false claims of authorship. Plagiarism is not illegal towards the author, but towards the reader, patron or teacher. Even when copyright has expired, false claims of authorship may still constitute plagiarism.