Copyright Infringement
So far this we've gone through the history, what copyright is, and how long copyright exists. This page deals with copyright infringement and what to do about it.
What Does Infringement Mean?
Legally, copyright infringement occurs when someone does something that falls within the exclusive rights of the copyright holder. The most common type of copyright infringement is copying part or all of a copyrighted work without permission.
The Copyright Act lays out permissible exceptions to copyright infringement in its section on fair dealing. The Copyright Act provides that any "fair dealing" with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement.
However, in the case of criticism, review, or news reporting, the user is required to give the source and the author's, performer's, sound recording maker's or broadcaster's name, if known” (Canadian Intellectual Property Office). If you read the Copyright Act, you'll either fall asleep, or you’ll notice that there are no specifics about just how much of a work can be used for these purposes. It doesn't list a particular number of lines or paragraphs. Generally though, more than 10% of a work is considered infringement.
Note About Fair Dealing
Notice that fair dealing is not the same thing as what the U.S. calls “fair use”.
“The Canadian concept of “fair dealing” should be distinguished from the American concept of fair use, as the latter expression is broader in scope and the former restricted to the purposes mentioned in the Copyright Act”
Carrière, L. (2000). Fair Dealing Under The Canadian Copyright Act. ROBIC LLP Publications.https://www.robic.ca/en/?publications=fair-dealing-under-the-canadian-copyright-act
The Copyright Act also makes exceptions for particular classes of users. Non-profit educational users and non-profit libraries, archives and museums, for instance, have exceptional “rights to copy”, subject to certain restrictions. (See the Copyright Act for details.)
What are the Remedies for Copyright Infringement?
In the best case scenario, when copyright infringement occurs, action such as a cease and desist letter solves the problem. However, if the parties involved can’t reach an amicable settlement, it may be time to take the offenders to court. “Remedies for copyright infringement include awards of damages or injunctions to prohibit infringing conduct.
Copyright owners can opt to receive damages based on actual damages suffered, including lost profits, or prescribed statutory damage amounts. In addition, the Copyright Act creates criminal offences and imposes penalties which include, for indictable offenses, fines of up to $1 million and imprisonment for a maximum of five years” (IPIC).
In summary, copyright protection is automatic in Canada when you create an original work. However, because there are so many people who copy works without permission, you may want to take additional steps to let them know your work is copyrighted. After all, policing your copyright rights is up to you.
Plagarism
When you make research your own, your writing will sound like you. That is exactly what you want. What you don't want, is to mislead people into thinking that all these ideas are your own. If you do, you may be guilty of plagiarism. Plagiarism is another issue that can arise when the work of others is used in schools. Plagiarism occurs when the words or ideas of another person are used without crediting that person. In some cases plagiarism is an infringement of copyright laws as well as the violation of rules concerning academic honesty. This occurs when someone else's work is reproduced, in whole or in part, and then passed off as the student's own work.
Some forms of plagiarism do not involve unauthorized reproduction of copyrighted material. It is not a violation of copyright law to use someone else's ideas if you put them into your own words. However, any use of material from another source, even if it is in your own words, that is not credited is considered plagiarism. Plagiarism in any form is considered cheating and most schools have serious penalties in place for students that are caught plagiarizing.
In word-for-word plagiarism, a researcher repeats the exact words of a source without giving the necessary credit. Paraphrase plagiarism occurs when a researcher says basically the same thing as an original source with just a few of the words changed. In spot plagiarism, a researcher uses only a source's key words or phrases as his or her own without giving credit.
You owe it to your sources, your readers, and yourself to give credit for the ideas you use, unless the ideas are widely considered "common knowledge." Information is considered common knowledge if most people already know it, or if it can be found in nearly any basic reference book on the subject. The fact that there are 365 days in a year is common knowledge; the fact that it rained 210 days in Seattle days in Seattle during 1990 is not.
Sebranek, P., Meyer, V., & Kemper, D. (1996). Writers INC: A Student Handbook for Writing & Learning. Houghton Mifflin Company, Wilmington, Massachusetts. (p. 179.)