[cc-community] Copyright - Plagiarism

Robert Atwood (lists) lists at atwood.org.uk
Mon May 5 13:04:44 EDT 2008


I dont know if its 'plagarism' .. however if the publisher owns the 
copyright to the author's work , and has e.g. kept all righs reserved or 
other non-permissive distribution requirement, then the author needs 
permission from the publisher to quote that work  (outside the normal 
limits of 'fair use' that is)

That is what I understand from teh experience of using figures from my 
own academic papers in which copyright has been transferred, in another 
work. IN that case they usueally give permission upon request, and the 
citiation included in the subsequent work.
  If the publisher used cc=by type of license it would remove the 
potential uncertainty as permission would have already been granted, but 
the need to acknowledge the publisher would still be there if such 
copyright transfer were given. Academically, the work shoudl be cided in 
any case so that readers may find it and judge for themselves the 
original context of the quote or figure.

In practice many choose to use  a slightly different version of the 
figure, or paraphrase a quote,  rather than verbatim copy ,  but still 
cite the work, in teh belief that they need not ask permission for a 
similar but not identical  figure or paragraph, thus citing for academic 
rather than copyright reasons. Not being a lawyer I don't know where the 
fine line is drawn nor whether this belief is justified but I haven't 
heard of any one getting legal action from the publisher for that.. I'd 
think such actuion woudl tend to inhibit others from publishing in such 
a journal.



Bobbie wrote:
> THX Matt; in this case it would be from one published book into a new 
> manuscript.
> 
> 
> 2008 © RKR4CDS
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