Literaturnachweis - Detailanzeige
Autor/inn/en | Ramalho, Ana; Silva, Marta Santos |
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Titel | 'I Know It When I See It': On Academic Plagiarism, and How to Assess It |
Quelle | In: Higher Education for the Future, 7 (2020) 2, S.187-199 (13 Seiten)Infoseite zur Zeitschrift
PDF als Volltext |
Sprache | englisch |
Dokumenttyp | gedruckt; online; Zeitschriftenaufsatz |
ISSN | 2347-6311 |
DOI | 10.1177/2347631120932238 |
Schlagwörter | Plagiarism; Evaluation Methods; Copyrights; Compliance (Legal); Foreign Countries; Laws; Authors; Court Litigation; Creativity; Academic Language; Higher Education; Scholarship; Portugal (Lisbon) |
Abstract | In the academic context, plagiarism is usually seen as an ethical offence, the boundaries and definition of which are often unclear. However, in some countries, plagiarism is also a legal wrong, amounting to copyright infringement. This article proposes a test for assessing plagiarism of academic works. The test is based on the law and jurisprudence of a particular country, Portugal, where plagiarism is framed as copyright infringement. Article 196 of the Portuguese Copyright Law sets four elements that must be fulfilled for a finding of plagiarism: There must be a protected work; the alleged plagiarist must have used a partial or total reproduction of that work; the alleged plagiarist must have failed to attribute the authorship of the work to its rightful creator; and the work of the alleged plagiarist must lack its own individuality. The authors argue that, even if the law of a particular country does not frame plagiarism as a legal offence, these elements should be part of a test to be adopted and applied by academic institutions for the sake of legal certainty. (As Provided). |
Anmerkungen | SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: journals@sagepub.com; Web site: http://sagepub.com |
Erfasst von | ERIC (Education Resources Information Center), Washington, DC |
Update | 2022/1/01 |