ERIC Number: ED268624
Record Type: RIE
Publication Date: 1985
Reference Count: 0
Legal Aspects of Plagiarism.
Mawdsley, Ralph D.
The prohibition of student plagiarism by educational institutions creates problems associated with: (1) communicating acceptable practices for citing the works of others; (2) establishing appropriate penalties for those who do not follow the announced standards; (3) ensuring, through due process, the protection of the rights of those accused of plagiarism; and (4) avoiding violations of copyright law. This guide to institutional policy development considers both the academic and the legal issues involved in plagiarism cases. The first chapter pays specific attention to: (1) the promulgation of comprehensible definitions of plagiarism, (2) the provision of adequate notice of the existence of an institutional policy, (3) the legal importance of determining whether the plagiarism was intentional, and (4) the extent of the contractual nature of the relationship of student to institution. The second chapter looks closely at whether plagiarism is an academic or disciplinary matter and considers students' rights in disciplinary actions. The third chapter focuses on three legal issues involving copyrighted material: the ownership of student-produced plagiarized material, the "fair use" of copyrighted material, and the copyrightability of plagiarized material. Examples of plagiarism provided in Dartmouth College's student handbook are appended. (PGD)
Descriptors: Copyrights, Court Litigation, Discipline Policy, Discipline Problems, Legal Responsibility, Plagiarism, Postsecondary Education, Student Behavior, Student Rights, Student School Relationship
Publication Sales, National Organization on Legal Problems of Education, 3601 S.W. 29th, Suite 223, Topeka, KS 66614 ($9.95 plus $1.50 postage and handling, prepaid; actual postage and handling will be added to invoiced orders).
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.