Copyright and Plagiarism

Last month, I attended two webinars on copyright with Mary Minow of LibraryLaw.com. The first was Copyright Basics, and the second was called Hot Issues in Copyright; the webinars were presented by the Massachusetts Library System.

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Some of the material was familiar, of course, but some was new. Minow (coincidentally, the aunt of a close friend of mine) confirmed that all original creative content is automatically copyrighted to its creator. However, in order to gain the additional level of legal protection required to bring a lawsuit against someone who has infringed upon your copyright, it is necessary to get the official copyright from the government (there is an excellent Q&A page at copyright.gov).

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Some people infringe upon others’ copyrighted work because they think they can get away with it; others do it out of ignorance. Using a Creative Commons (CC) license is one way to raise awareness that you hold the copyright to your work, and that others must ask permission before using it. There are a variety of CC licenses, but, as it says on the site, “All Creative Commons licenses have many important features in common. Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve.”

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Though I had included a note on the “About” page of this blog and my other blog (“Unless otherwise noted, all blog content © Jenny Arch”), I added Creative Commons licenses recently as well – partly thanks to Minow’s reminder, and partly because, coincidentally, some of my own work was plagiarized right around the same time.

The internet is vast; I never would have known about it had an alert former co-worker not e-mailed me to let me know. She sent me a link to a post entitled “Plagiarism Sucks: It’s More Than Just Drama” on the blog Sparkles and Lightning, which is written by Annabelle, a high school senior in California. Annabelle’s fellow blogger Jessi (of Auntie Spinelli Reads) compiled a list of plagiarized reviews and bloggers, which Annabelle included in her post; my former co-worker noticed that one of my Goodreads reviews (for Close Your Eyes by Amanda Eyre Ward) was on the list.

I can’t slap a Creative Commons license up on Goodreads, because they have their own Terms. The “User Content” section of these terms includes the statement, “You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.” This means that content-producing Goodreads users retain their automatic copyright, but don’t have an official government copyright – the same as if that content was posted on a blog online.

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The “License Grant” section of the Goodreads terms reads, “By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Goodreads a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Goodreads.”

The key words in the above paragraph are grant and license. By adding content to Goodreads, all users give Goodreads permission to “use, reproduce, modify, publish,” etc. that original content. I’m not a lawyer or an expert in copyright law, but it seems pretty clear from these terms that the user still retains the copyright to their original content, while giving Goodreads these permissions.

Neither Goodreads nor its users, however, give permission for user content to be copied by a third party and passed off as their own work – otherwise known as plagiarism.

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2 thoughts on “Copyright and Plagiarism

  1. Great post, Jenny! There’s some very helpful stuff in here. I’d heard the statement that your original work is automatically copyrighted, but I think I’m going to see about getting an official copyright just in case. Thanks for sharing those links and thank you for this very thoughtful post!

  2. Hi Jenny!

    I’m so honored that your former co-worker thought well enough of my post to bring it to your attention! I was very surprised and excited to see your link tagging me on twitter.

    Thank you so much for calling attention to such a serious and much overlooked issue. Your article is lovely and well-written and I wil certainly be sharing the link.

    If there’s anything I can do for you, be sure to let me know!

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