Plagiarism Primer
Albert W. Starkweather, Philatelic Communicator
Author’s note: This is intended as an overview to this area and does not constitute legal advice. Writers and editors with specific questions about fair use and copyright should seek legal advice.
Many philatelic writers and editors are unconcerned about legal and ethical issues. I, too, gave these little thought until I recently received two submissions for another publication that I edit. One was plagiarized in whole from Wikipedia, the free access online encyclopedia. While Wikipedia’s policy allows this, the problem arose when the author who submitted the article attempted to pass it off as his own. This is clearly unethical and guarantees an F in any freshman English composition class.
The second piece was more problematic, containing a pair of paragraphs taken entirely from other sources without credit — one from a U.S. Postal Service press release and the other from a Publishers Weekly book review. While their inclusion probably falls within the fair use doctrine, the failure to identify the sources also constitutes plagiarism.
Writers and editors should keep certain principles in mind in order to prevent repercussions after publication. The main points to keep in mind are: copyright; trademarks; image and, if online presentation is intended: audio use; rights and permissions; and libel.
Although the standard disclaimers that appear in many publications, including The Philatelic Communicator, may be sufficient to deflect most legal matters arising from material taken from other sources, they should not be interpreted as blanket protection. Scott Publishing Co. is notable for protecting its copyrighted Scott and Minkus numbers, demanding licensing for use in other catalogues. If one is in doubt about fair use of material from a particular source, the best policy is to first seek permission.
Copyright must be considered for both the work being created and for material incorporated into the work from other sources. Permission in writing is required in order for a photograph or other piece of artwork and text, other than brief quotations, to be reproduced. Copyright is protection provided by U.S. law to authors of original works and is applicable to both published and unpublished works.
The 1976 Copyright Act generally gives a copyright owner and anyone authorized by the owner the exclusive right to reproduce the work; prepare derivative works based upon the work; or distribute copies or recordings of the work to the public by sale or other transfer of ownership, such as rental, lease, or lending. Further protections are offered to material intended for public performance, such as plays, movies and other audiovisual works, as well as music — recorded and live.
These rights are not unlimited and there are specified exemptions from copyright liability. One major limitation is the fair use doctrine, which includes criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Most philatelic journals, newsletters, and other media would be allowed these exemptions.
Extensive use of previously published material, including unique numbering systems and information clearly attributable to a particular author or publisher does not. In all cases, the sources of material that is used should be clearly identified. Paraphrasing borrowed material is often preferable to importing direct quotes.
Copyright protection begins at the time the work is created in fixed form, such as a manuscript or recording, and immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can claim copyright.
An international copyright that automatically protects a work throughout the world does not exist. Protection against unauthorized use in a particular country depends on the laws of that country. However, most countries offer protection to foreign works under certain conditions, the most notable exception being China.
Even more problematic is the issue of protection for material published on the World Wide Web, where there is widespread plagiarism and copyright infringement. However, a Web master who uses the sound track version of Someday My Prince Will Come on a site devoted to Snow White on stamps may expect to hear from a Walt Disney Company representative other than the prince. 