Understanding Quotation and Plagiarism in Copyright Law

【Legal English Series 12】 Understanding Quotation and Plagiarism in Copyright Law

In Legal English Series 11, we provided an initial introduction to the definition of "plagiarism" under copyright law. Today, starting from Article 52 of the Copyright Act, we will explain the difference between "citation" and "plagiarism," as well as the formatting guidelines to be mindful of when writing academic papers. Let's get started!

⚖️Article 52 of the Copyright Act

 For the purposes of reporting, commentary, teaching, research, or other legitimate purposes, it is permissible to quote publicly published works within a reasonable scope.

💡What is meant by "reasonable scope"?

📖Article 65, Paragraph 2 of the Copyright Act explicitly stipulates that when determining whether the use of a work falls within a reasonable scope, all circumstances must be considered, with particular attention to the following criteria as the basis for judgment:

1. The purpose and character of the use, including whether it is for commercial purposes or non-profit educational purposes.

2. The nature of the work.

3. The amount and substantiality of the portion used in relation to the entire work.

4. The effect of the use on the potential market or current value of the work.

Some also argue that when determining the reasonableness of use, it should be required that one's own creation constitutes the primary part, with others' charts only used for citation, quoting, supplementary explanation, or reviewing academic achievements already completed by others on the same topic. Additionally, it should not create a market substitution effect, meaning that others should not be able to avoid looking at other people's papers just by reading yours.

💡How to properly "quote"?

📖According to Article 64 of the Copyright Act, when using someone else's work, the source must be clearly indicated. If the work is anonymous or the author is unknown, it should be done in a reasonable manner.

Therefore, when writing one's own paper and referencing another person's paper, it is necessary to use quotation marks to clearly distinguish the quoted "other person's paper" from "one's own work." Additionally, after the quotation, it is essential to provide a citation through footnotes or endnotes, specifying the source of the quoted paper, including the specific book or journal and the page number. This practice not only respects the attribution rights of others but also enables readers to consult the original literature for further reading. Failure to adhere to these guidelines does not qualify as "quotation" under Article 52 of the Copyright Act, but is generally referred to as "plagiarism." Even if it involves a small portion, it constitutes an infringement of reproduction rights rather than "reasonable use."

✨We hope today's information has been helpful for everyone in writing your papers, and we wish all graduate students success in completing your thesis! Congratulations on your graduation! See you next week!