Posts Tagged: "plagiarism"

Clarifying the U.S. Approach to Copyright and Plagiarism

Copyright is one of the most important intellectual property rights for any individual in America. The power to grant protection of copyrights “by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” is given to Congress in Article 1, Section 8 of the U.S. Constitution. As an author and computer programmer, I find that many of my colleagues misunderstand these rights and the protections that they afford. For this reason, I think it is important to clear up some misunderstandings in the recent IP Watchdog article, “A Question of Morals: The U.S. Approach to Plagiarism, ‘Moral Rights’, and Copyright Infringement” by Dave Davis.

A Question of Morals: The U.S. Approach to Plagiarism, ‘Moral Rights’, and Copyright Infringement

“It was a warm and pleasant day on the beaches of Rio de Janeiro. The waves lapped at the shore and far off a sea-bird raised its plaintive cries to the sky. She looked up from her book, thinking, ‘Wait, where have I read that that before? … ‘ “ Rather than an irksome daydream on the beach, an author’s nightmare is of having her works — or parts of them—lifted from her control and passed off as those of someone else. That is exactly the allegation that bestselling novelist Nora Roberts brings in her suit, filed in late April in a Brazilian Court, against Cristiane Serruya, a lawyer-turned-author. Nora Roberts is one of the most popular living American authors. She primarily writes romance novels, as well as police procedural (crime) fiction. Her works are solid sellers, and she has received a huge number of industry awards, as well as having more than a dozen of her works adapted into film and television productions. Hers is the type of market success that every genre author dreams of. Sadly, with widespread popularity comes risk of infringement—in this case, not of copyright infringement, but a very particular violation of authorial rights. 

Article about copying and forgeries is plagiarized by an IP attorney

Earlier this week a friend posted a magazine article, “The Rise of Fakes and False Attributions in the Art World,” on social media. The article was about art authentication and due diligence. Before I reached the end of the first paragraph, I realized that I was reading a plagiary of my article, “Purchasing Art in a Market Full of Forgeries: Risks and Legal Remedies for Buyers,” published in the International Journal of Cultural Heritage. The author structured her article on my work, a piece that includes extensive research and that is partially based on experience that I cultivated while working with major art collectors. And rather than just using the outline of my article or presenting some of my arguments, she copied entire sentences. In fact, she went as far as copying entire paragraphs. Shockingly, she even kept the same punctuation, quoting words that I had placed in quotations marks in my article.

Going Gaga for Music Samples

A Chicago musician called Rebecca Francescatti says that Lady Gaga stole part of her song “Juda” for the hit song “Judas”. More specifically, the complaint alleges that a particular portion of “Judas” violates Francescatti’s exclusive rights of reproduction, distribution, performance, and preparation of a derivative work. But before we get to that, we’ll need to wade through a bit of a semantics morass. This suit is being couched in terms of plagiarism.

Ropes & Gray Seeks Dismissal of Patent Malpractice Lawsuit

On Tuesday, March 23, 2010, Ropes & Gray filed a motion seeking to dismiss a malpractice claim brought against the firm by Cold Spring Harbor Laboratory (CSHL). The complaint filed against Ropes & Gray also names patent attorney Matthew P. Vincent, who allegedly engaged in plagiarism by copying 11 pages of text from a patent application filed by another scientist, Dr. Andrew Fire. CSHL alleged that the copying of this material led to the United States Patent and Trademark Office concluding that the work of Dr. Hannon (of CSHL) was indistinguishable from Dr. Fire’s work and, therefore, unpatentable. The problem with this theory, as was pointed out in the Ropes & Gray motion to dismiss, copying text out of other patents and patent applications is done all the time.

Zoominfo’s Blatant Copyright Infringement

Every once in a while we do an Internet search to find out what is out there quoting to IPWatchdog.com or me personally.  We also try and make sure that others are not infringing upon our works by republishing our content without permission.  It is flattering in one sense to have people want to steal your stuff and copy it…