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Leslie Naden LI801XA Information Ethics Analysis: Plagiarism Introduction While many are familiar with or have personally

encountered the idea of plagiarism, a distinct and constant definition for the term is elusive !he definition of "plagiarism# can $e%% and often is%% e&cessively narrowed or $roadened to e&clude or include individual cases, which adds to the confusion for 'ournalists, students, educators, politicians, artists, editors, authors, and li$rarians ali(e )&panding or contracting the parameters for plagiarism also leaves room for su$'ectivity in determining whether plagiarism has actually occurred or if any particular case is of a completely different nature *art of the o$scurity that surrounds the concept of plagiarism comes from the difficulty that arises in attempting to define parameters for what constitutes intellectual property In an article in New York Daily News, +ichael Walsh ,-01-. reports a plagiarism accusation $y "/riday Night Lights# !0 series creator *eter 1erg 2omney has $een using the phrase, "3lear )yes, /ull 4earts, 3an5t Lose,# from the show in his presidential campaign as a slogan *eter 1erg, who does not support 2omney, wrote a letter to his campaign accusing him of plagiari6ing the phrase Walsh5s article goes on to descri$e 1erg5s concern that he or "/riday Night Lights# will $e associated with 2omney5s campaign as a result of the appropriation of the phrase ,Walsh, -01-. In analy6ing the case for plagiarism accusations in instances such as this, one must define plagiarism and understand the parameters that mar( whether or not a use of material violates copyright law It is also essential to determine whether or not plagiarism accusations are su$'ect solely to the whims of the author /inally, one must apply solid understandings of plagiarism, copyright law, and all related restrictions to determine what course of action, if any, is appropriate in addressing each potential case What is Plagiarism? *lagiarism is a difficult concept to define strictly *lagiarism org defines "plagiarism# in an article, pulling the definition from the +erriam%We$ster 7nline 8ictionary9

"to steal and pass off ,the ideas or words of another. as one:s own to use ,another:s production. without crediting the source to commit literary theft to present as new and original an idea or product derived from an e&isting source

In other words, plagiarism is an act of fraud It involves $oth stealing someone else:s wor( and lying a$out it afterward# ,What is *lagiarism;, n d . !he article goes on to list e&amples of actions that would involve plagiari6ing9

"turning in someone else:s wor( as your own copying words or ideas from someone else without giving credit

failing to put a <uotation in <uotation mar(s giving incorrect information a$out the source of a <uotation changing words $ut copying the sentence structure of a source without giving credit copying so many words or ideas from a source that it ma(es up the ma'ority of your wor(, whether you give credit or not# ,What is *lagiarism;, n d .

!hese definitions and e&amples help to clear up some of the confusion and su$'ectivity a$out the application of the term, "plagiarism # In order to promote a more universal understanding of this definition, the way in which plagiarism accusations are assessed should hold consistently with this understood meaning and set of parameters for the term Plagiarism vs. Inappropriate Association In Walsh5s ,-01-. article, 1erg claims that 2omney5s actions constitute plagiarism =iven the definition for "plagiarism# descri$ed a$ove, 1erg5s assertion that 2omney plagiari6ed the phrase, "3lear )yes, /ull 4earts, 3an5t Lose,# is, initially, plausi$le 2omney did fail to credit the source of the phrase 4owever, as L 0 Anderson ,-01-. remar(ed in her article on the incident, while 2omney may have failed to credit the source of the slogan, he did not claim to author it either, and, as such, 2omney "is in a $it of a gray area # Anderson ,-01-. adds that 2omney pro$a$ly did not $rea( copyright law> $ecause the slogan represents a miniscule piece of the wor(, "/riday Night Lights,# 2omney5s use would pro$a$ly fall into the category of /air ?se Anderson ,-01-. asserts that the slogan could $e a violation if the phrase were trademar(ed $y 1erg or "/riday Night Lights,# $ut as it is not, 2omney is li(ely insuscepti$le to prosecution It would seem that 1erg5s concern falls less upon 2omney5s lac( of citation and more with 2omney5s campaign and the fear that the use of a phrase from 1erg5s show will create an unwanted association $etween 2omney5s campaign and supporters, and the "/riday Night Lights# show or 1erg himself 1ut one must consider whether this concern is an indication of plagiarism or if the situation is merely a creation of an inappropriate association $y 2omney In this case, while 2omney may have plagiari6ed, the main concerns raised $y 1erg in Walsh5s ,-01-. article are not related to 2omney5s plagiari6ation $ut rather to his use%% or rather, misuse%% of the phrase from "/riday Night Lights# in association with his campaign !hese issues should $e assessed and resolved separately, $oth to maintain the integrity and understanding of plagiarism prosecution and to help all interested parties to get to the root of the pro$lem 1erg asserts that 2omney5s use of the line from "/riday Night Lights# is a misuse $ecause it inappropriately associates the show with his campaign and ideals ,Walsh, -01-. !his assertion, while perhaps a valid concern, certainly does not descri$e or indicate an instance of plagiarism 2ather, it is an issue of an unwanted or inappropriate association 1erg5s complaint sounds more li(e an accusation of 2omney of intentional fallacy 4owever, even this argument would not have ample strength $ecause 2omney does not openly suggest or claim that the ideas proposed $y his campaign are advocated $y the show While 2omney5s appropriation of the phrase as a campaign slogan could $e argued to su$versively commit intentional fallacy, there is little overt evidence to move that argument forward Politics of Plagiarism Accusations

When an author cries "foul# in the use of his or her intellectual property, particularly in such politically%charged circumstances, one must consider whether the parameters of plagiarism are to $e determined $y the author5s level of desire for his or her material to $e used )ven if 1erg was supportive of 2omney5s campaign, the plagiarism status of 2omney5s uncredited use of the <uote would remain the same !his situation introduces an issue of whether plagiarism truly e&ists in cases where the author does not o$'ect to the use of his or her <uote If cases of plagiarism are defined $y the reaction, intention, or, in this case, political affiliation of the author, then plagiarism cases are decided on a far more su$'ective $asis than is practical or ethical to the world of intellectual property and copyright law Any author could complain of plagiarism even when his or her wor( is properly cited, merely if the author does not agree with the usage of his or her material /urther, people who $orrow or use information could claim immunity from plagiarism accusations%% as long as they align themselves with the views of the author whose material was used If *resident 1arac( 7$ama had used the "/riday Night Lights# <uote in the same manner as 2omney, 1erg may or may not have still put forth an accusation of plagiarism It is important for plagiarism accusations to $e made and assessed apolitically and without any $ias regarding the actual use of the material Whether or not a violation occurred in 2omney5s association of "/riday Night Lights# with his campaign, the accusation of plagiarism must $e determined independently of 1erg5s political reviews In other cases, the same principle should apply If a potential case of plagiarism is to $e determined, it should $e assessed $ased on whether the material $orrowed was used without crediting the author, or in such a way that the $orrower of the information suggests that he or she authored the material +atters of unwanted association through the use of an author5s material should $e assessed as a distinct issue Conclusions and Recommendations While this case does not directly relate to li$raries or li$rarianship, it certainly serves to e&pose some of the confusion and disagreements that can arise surrounding the issue of plagiarism, intellectual freedom, fair use, and copyright law It can $e easy to term any unwanted use of an author5s wor( as plagiarism, $ut the issue is often not that simple *lagiarism refers to the theft of an author5s original wor(> this is usually manifested as uncredited uses of material or fraud, in which an information user claims to have authored the $orrowed material !his issue is largely distinct from the desire of the author for his or her material to $e used /or e&ample, an author may not want a critic to use his or her material to write a scathing review, $ut if the material is properly used and cited, plagiarism is unli(ely to have occurred As a result, the issues of plagiarism and the unwanted use of a <uote, for instance, in association with a campaign or political candidate, should $e treated as separate !he latter is unrelated to plagiarism as defined a$ove Walsh5s ,-01-. article reveals how su$'ective the issue of plagiarism can $e in popular applications of the term Information professionals need to $e aware of the pro$lems that arise when su$'ectivity meets with copyright law, when su$'ectivity meets with the issue of protecting the privacy, intellectual freedom, and property of individuals, and when it meets with an individual5s right to use previously created information With this awareness, information professionals can navigate the complicated we$ of copyright law and plagiarism to ensure that information is circulated in an ethical manner

Additionally, information professionals should inform themselves a$out the nuances in the definitions of plagiarism, copyright law, trademar(ing, and intellectual property and freedom @taying up%to%date with an understanding of these issues will help to prevent incidents and to protect the rights and freedoms of others Also, understanding plagiarism will open the opportunity for information professionals to inform and educate others so that they can ma(e informed and ethical decisions when they might have to confront these issues in their own endeavors It is essential for information professionals to always aim to $e apolitical and impartial in e&amining plagiarism issues !his impartial treatment of an author5s intellectual property should $e $alanced with an attentive respect for the spirit or possi$le intentions of the piece so as not to inappropriately associate the author5s ideas with one5s own It is important to educate others a$out the importance of using information ethically and relevantly so as to create more information of higher <uality @ociety does not $enefit from the restatement of one author5s ideas, $orrowed or claimed as one5s own 4owever, society can $enefit greatly from the creation of new information $y $uilding upon pre%e&isting wor(s $y other authors In order to maintain a useful dialogue $etween information creators, authors must $e free to claim their own wor( without contest and to ethically reference, reconsider, and respond to the wor(s of other authors 7nly in so doing can individuals produce wor(s from which societies can learn, grow, and improve

2eferences Anderson, L 0 ,-01-, 7ct 1A. "3lear )yes, /ull 4earts,# 3an5t @teal;9 3an you plagiari6e a catchprase;5 Slate 2etrieved from http9BBwww slate comBarticlesBnewsCandCpoliticsBe&plainerB-01-B10BpeterC$ergCmittCrom neyCplagiarismCcanCyouCplagiari6eCfridayCnightClights html Walsh, + ,-01-, 7ct 1D. :/riday Night Lights: creator in a snit over +itt5 New York Daily News 2etrieved from http9BBwww nydailynews comBnewsBnationalBfriday%night%lights% creator%a%snit%mitt%article%1 118-E11 What is *lagiarism; ,n d . 2etrieved 7cto$er 1F, -01-, from http9BBwww plagiarism orgBlearningCcenterBwhatCisCplagiarism html

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