What are the legal consequences for plagiarism?
Find answers to your legal question.
What are the legal consequences for plagiarism?
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Is plagiarism limited only to copying anothers work? What if you take a picture that belongs to someone else and claim it as yours? From my engagement ceremony, I have a picture in which my hand which is wearing the ring, rests on top of my fiance's hand. Someone he knows had seen and copied this picture and erased our names to use it for the cover design of her engagement invitation card. How would you classify this?
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Shane
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Unless there was any money exchange for the use of the picture you have nothing since your fiance is also the owner of the picture since he obviously had a copy. If there was a money exchange tell him to split the money and if he doesn't threaten small claims court. This problem does not meet the definition of plagiarism nor copyright laws since the picture was never copyrighted and plagiarism is copying the written work of someone else. |
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Alex
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I'm assuming you're under U.S. law. This is a matter of copyright law. A copyright arises almost automatically. You don't need to file for a copyright registration in order to get a copyright in a photo. Registration gives you some very nice benefits, but registration is not required for a copyright to exist. As long as there's a minimal degree of creativity in the photograph (it's a very easy standard to meet), the photo is copyrighted. The real question is who owns that copyright.
Who took the photo at your engagement ceremony? A professional photographer's contract usually specifies that the copyright in those photos belongs to them. In that case, the photographer will own the copyright and can stop the person who copied the photo.
On the other hand, if you asked a friend to take the photo for you, the copyright may belong to you. In that case, you have the right to go to court to stop that person who copied your photo. |
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Brexter
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It does seem unfair, but it may or may not fall under 'plagiarism'. Besides, you wouldn't get much for plaguerism, at most a couple hundred dollars- you'd spend far more on an attourney.
Plagiarism is copying any work of another, either pictures, writing, video, you name it. |
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