Can author sue university magazine editor for publishing article?
05-Jul-2023 (In Documentation Law)
Sir, Can I cut a part from any article without notify the author and if any part of a aricle is mis, can a author demand punishment against the editor of a univesrity magazine?
The above said activity is known as plagiarism which is an offence in India.
Different Forms of Plagiarism:-
The Potluck Paper :- The writer use different sources and compile them up to create a new article. Actually only few sentences and paragraphs are changed.
The Photocopy :- Some significant portion are taken exactly without making any alteration.
The Self-Stealer : – It is not considered as wrong or offence in India as the author has right to reproduce his own works as he or she wishes to make changes.
The Ghost Writer : – It is the exact copy of the work of another. All the words are copied accrediting to their own name.
Do Plagiarism amount to Fraud or Cheating?
The copying of another’s ideas without giving credit to the actual owner of the idea is said to be plagiarism. Plagiarism in normal sense considered as unethical issue but not a CRIME. As someone else’s work or ideas are misrepresented as one’s own work, so it amounts to “Fraud”.
When the act has been done dishonestly it shows the ingredients of “Cheating”. When a substantial portion of the copyrighted work is copied without the permission and knowledge then it amounts to criminal proceedings.It will amount to both the copyright infringement and the violation of “special right” of the author to be credited.
Do Paraphrasing amounts to Plagiarism?
When Paraphrasing is done, the source of the work must be cited to avoid Plagiarism. Paraphrasing is restating another person’s work in our own way, so the credit must be given to the real owner of the work. We all know that the works created by other people is rightfully their intellectual property and if we use that work we are bound to acknowledge it. The point that is important here is that the original sources used in a work must be quoted in order to give due credit to the source from where it is taken. Plagiarism shows the stealing of another person’s intellectual property which includes ideas, inventions, original work of authorship, words, slogans, design, proprietary information, etc. Students must observe academic codes of ethics to avoid all forms of plagiarism. Merely incorporating the ideas which another writer has expressed without accrediting to that writer constitutes plagiarism.
It is done in three ways :-
Stealing with the Web.
Sealing within the Web.
Stealing from the Web
Plagiarism and Copyright Infringement
Plagiarism invites the charges of copyright infringement in most of the cases. But there is a difference between plagiarism and copyright infringement. In plagiarism the use of author’s work is done without giving attribution to him whereas the use of author’s work without the permission where the work is protected by copyright, it is known as copyright infringement. Plagiarism is an act related with moral wrong apart from inviting legal action as the the original author has the moral right to be called the author of the work. Plagiarism may occur even without the copyright infringement. Copyright infringement will occur only if the work that is copied is protected by copyright but the use of a work without crediting its author would be plagiarism.
Laws concerned with Plagiarism
The right not to be plagiarised is not recognised by any of the statute in India, but the section 57 of the Indian Copyright Act, 1957 gives authors the right to claim authorship of their works among other things.
The section 57 of the Indian Copyright Act,1957 grants to the authors the “special right” to be attributed for their work. It is a moral right and perpetual in nature. The statute recognises the right to attribution analogous to the rights not to be plagiarised.
Section 63 of the Indian Copyright Act, 1957 is considers infringement as the criminal offence and awards the same punishment for both i.e., the violation of section 57 and the copyright infringement.
The convicted infringers are awarded imprisonment that ranges between six months to three years under section 63 of the Act. They have also compensate in monetary terms for the act of infringing.
Section 63 (A) of the same act stipulates an enhanced penalty for second and subsequent convictions.
Civil Wrongs and Criminal Offences
Plagiarism is actually considered as an unethical conduct of a person and not a crime by itself.
The violation of an author’s right to be credited and copyright infringement are both civil wrongs and criminal charges can also be filed against the violator. In case of a civil suit, the remedies that can be awarded are : injunctions to restrain further infringement, damages, the delivery of accounts of profit and both infringing copies of the work used to make them. Certain administrative actions may also be taken. A convicted infringer is liable to be imprisoned between six months and three years, and to be fined between fifty thousand and two lakh rupees under section 63 of the Act. The punishment is enhanced for subsequent convictions. Sometimes College and University rules for student conduct takes Plagiarism as an academic offense and not a legal offense. But this is not the actual case. Plagiarism is not only an academic offence but also a legal one.
Who will be Liable For Plagiarism?
One who is claiming the copyright of the work is liable for Plagiarism. Generally, the Publisher has an exemption clause in the agreement with the Author and says the views are of the Author only, in that case the Author is Liable and the Publisher can claim immunity. In other cases both can be prosecuted. Plagiarism generally constitutes false claim of authorship regardless of the material protected by copyright. Hence, the Author is responsible for it when it is concerned with academic credit. The Publisher is held liable in the case of Copyright infringement. Generally, the claims of Plagiarism leads to the claim of Copyright Infringement.
Different Forms of Plagiarism:-
The Potluck Paper :- The writer use different sources and compile them up to create a new article. Actually only few sentences and paragraphs are changed.
The Photocopy :- Some significant portion are taken exactly without making any alteration.
The Self-Stealer : – It is not considered as wrong or offence in India as the author has right to reproduce his own works as he or she wishes to make changes.
The Ghost Writer : – It is the exact copy of the work of another. All the words are copied accrediting to their own name.
Do Plagiarism amount to Fraud or Cheating?
The copying of another’s ideas without giving credit to the actual owner of the idea is said to be plagiarism. Plagiarism in normal sense considered as unethical issue but not a CRIME. As someone else’s work or ideas are misrepresented as one’s own work, so it amounts to “Fraud”.
When the act has been done dishonestly it shows the ingredients of “Cheating”. When a substantial portion of the copyrighted work is copied without the permission and knowledge then it amounts to criminal proceedings.It will amount to both the copyright infringement and the violation of “special right” of the author to be credited.
Do Paraphrasing amounts to Plagiarism?
When Paraphrasing is done, the source of the work must be cited to avoid Plagiarism. Paraphrasing is restating another person’s work in our own way, so the credit must be given to the real owner of the work. We all know that the works created by other people is rightfully their intellectual property and if we use that work we are bound to acknowledge it. The point that is important here is that the original sources used in a work must be quoted in order to give due credit to the source from where it is taken. Plagiarism shows the stealing of another person’s intellectual property which includes ideas, inventions, original work of authorship, words, slogans, design, proprietary information, etc. Students must observe academic codes of ethics to avoid all forms of plagiarism. Merely incorporating the ideas which another writer has expressed without accrediting to that writer constitutes plagiarism.
It is done in three ways :-
Stealing with the Web.
Sealing within the Web.
Stealing from the Web
Plagiarism and Copyright Infringement
Plagiarism invites the charges of copyright infringement in most of the cases. But there is a difference between plagiarism and copyright infringement. In plagiarism the use of author’s work is done without giving attribution to him whereas the use of author’s work without the permission where the work is protected by copyright, it is known as copyright infringement. Plagiarism is an act related with moral wrong apart from inviting legal action as the the original author has the moral right to be called the author of the work. Plagiarism may occur even without the copyright infringement. Copyright infringement will occur only if the work that is copied is protected by copyright but the use of a work without crediting its author would be plagiarism.
Laws concerned with Plagiarism
The right not to be plagiarised is not recognised by any of the statute in India, but the section 57 of the Indian Copyright Act, 1957 gives authors the right to claim authorship of their works among other things.
The section 57 of the Indian Copyright Act,1957 grants to the authors the “special right” to be attributed for their work. It is a moral right and perpetual in nature. The statute recognises the right to attribution analogous to the rights not to be plagiarised.
Section 63 of the Indian Copyright Act, 1957 is considers infringement as the criminal offence and awards the same punishment for both i.e., the violation of section 57 and the copyright infringement.
The convicted infringers are awarded imprisonment that ranges between six months to three years under section 63 of the Act. They have also compensate in monetary terms for the act of infringing.
Section 63 (A) of the same act stipulates an enhanced penalty for second and subsequent convictions.
Civil Wrongs and Criminal Offences
Plagiarism is actually considered as an unethical conduct of a person and not a crime by itself.
The violation of an author’s right to be credited and copyright infringement are both civil wrongs and criminal charges can also be filed against the violator. In case of a civil suit, the remedies that can be awarded are : injunctions to restrain further infringement, damages, the delivery of accounts of profit and both infringing copies of the work used to make them. Certain administrative actions may also be taken. A convicted infringer is liable to be imprisoned between six months and three years, and to be fined between fifty thousand and two lakh rupees under section 63 of the Act. The punishment is enhanced for subsequent convictions. Sometimes College and University rules for student conduct takes Plagiarism as an academic offense and not a legal offense. But this is not the actual case. Plagiarism is not only an academic offence but also a legal one.
Who will be Liable For Plagiarism?
One who is claiming the copyright of the work is liable for Plagiarism. Generally, the Publisher has an exemption clause in the agreement with the Author and says the views are of the Author only, in that case the Author is Liable and the Publisher can claim immunity. In other cases both can be prosecuted. Plagiarism generally constitutes false claim of authorship regardless of the material protected by copyright. Hence, the Author is responsible for it when it is concerned with academic credit. The Publisher is held liable in the case of Copyright infringement. Generally, the claims of Plagiarism leads to the claim of Copyright Infringement.
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