Copyright law and homework

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This question may be better suited for a legal forum, but it may take quite a while to get a response, and I can focus on the morality of it more here. I hope there are some law experts around!

I’ve run into issues with copyright law at school on many occasions. Sometimes my teachers assign work and tests that say “All rights reserved.”, etc., and I often give answers to questions on assignments by quoting the book and giving citations (though I don’t know if that’s enough to avoid copyright infringement) or give information I learned from a copyrighted material without giving a citation (is that necessary?). I don’t want to break copyright law because:
  1. Infringing copyright, even technically, is breaking the law.
  2. Breaking the law is a sin.
    Conclusion: Infringing copyright, even technically, is a sin.
    Please correct if I’m wrong on the above.
Plus, assuming that breaking copyright law is an offense against justice, what kind of reparation would I have to make? Would I have to incriminate myself for every time I broke copyright law in some way and pay all the fines? Just a sidenote.

Thanks! Pax vobiscum.
 
And, you do not properly understand copyright.

Facts are not copyrighted or copyrightable. So, quoting or paraphrasing your textbook for the purpose of answering questions on a test is NOT copyright infringement.

Also, it seems you are being a bit scrupulous here. Do you tend towards scrupulosity in general? If so, best to talk to your regular spiritual advisor.
 
The cases you cite are excellent examples of Fair Use. That is, when answering questions or writing a paper necessitates that you paraphrase or quote other materials, you may do so. Your purpose in this case is not to duplicate someone else’s material but to show that you understood it yourself. If you provide a direct quotation or paraphrase from a single source, you should provide an appropriate citation. If you paraphrase a fact that is in many sources, it is common knowledge and does not need a citation.
 
This question may be better suited for a legal forum, but it may take quite a while to get a response, and I can focus on the morality of it more here. I hope there are some law experts around!

I’ve run into issues with copyright law at school on many occasions. Sometimes my teachers assign work and tests that say “All rights reserved.”, etc., and I often give answers to questions on assignments by quoting the book and giving citations (though I don’t know if that’s enough to avoid copyright infringement) or give information I learned from a copyrighted material without giving a citation (is that necessary?). I don’t want to break copyright law because:
  1. Infringing copyright, even technically, is breaking the law.
  2. Breaking the law is a sin.
    Conclusion: Infringing copyright, even technically, is a sin.
    Please correct if I’m wrong on the above.
Plus, assuming that breaking copyright law is an offense against justice, what kind of reparation would I have to make? Would I have to incriminate myself for every time I broke copyright law in some way and pay all the fines? Just a sidenote.

Thanks! Pax vobiscum.
I’m a lawyer, although intellectual property is not my specialty. I agree with 1ke that what you’re talking about here does not sound like anything close to copyright infringement. If there is an issue, it would be one of plagiarism. You shouldn’t use someone else’s exact words without quotation marks and a citation to the source.
 
your school should have a handbook that covers rules for writing research papers and essays, and covers this topic, and it should be covered in your freshman writing courses. If not see what your bookstore sells like MLA stylebook or something similar, which covers these items for academic writing.
 
Sometimes my teachers assign work and tests that say “All rights reserved.”
Generally speaking, instructors and classroom teachers are permitted to do this, as a previous poster said, under Fair Use. No laws were harmed in the copying of that homework, McCatholic. 🙂

Luna
 
I agree with Langdell but I would also add that you are mistaken to assume that breaking a law is always necessarily a sin. There are a lot of technical laws and regulations in modern society, and it is possible to run afoul of some law or other without doing anything that would be sinful. If you were breaking copyright law in the sense that you were deliberately stealing something of value from its rightful owner (which you are not, based on your description) that might be sinful. Accidental tripping over some technical aspect of copyright law while simply trying to do a good job on a school project is not sinful.
 
This question may be better suited for a legal forum, but it may take quite a while to get a response, and I can focus on the morality of it more here. I hope there are some law experts around!

I’ve run into issues with copyright law at school on many occasions. Sometimes my teachers assign work and tests that say “All rights reserved.”, etc., and I often give answers to questions on assignments by quoting the book and giving citations (though I don’t know if that’s enough to avoid copyright infringement) or give information I learned from a copyrighted material without giving a citation (is that necessary?). I don’t want to break copyright law because:
  1. Infringing copyright, even technically, is breaking the law.
  2. Breaking the law is a sin.
    Conclusion: Infringing copyright, even technically, is a sin.
    Please correct if I’m wrong on the above.
Plus, assuming that breaking copyright law is an offense against justice, what kind of reparation would I have to make? Would I have to incriminate myself for every time I broke copyright law in some way and pay all the fines? Just a sidenote.

Thanks! Pax vobiscum.
  1. You have the right to quote books if you properly cite them. That’s what science is largely about, actually. 🙂
  2. Merely learning something from a book and thus expanding your knowledge is the very purpose books are for. There are people who would love to be able to copyright facts themselves but that’s impossible. You don’t need to give credit to the book author for merely using the knowledge your learnt. You may prefer to introduce a citation from an authoritative to give more credibility to your statements but the purpose of citation is to avoid pretending that you created an original thought that somebody else did. But you certainly don’t need to forever free of charge advertise the author of the book from which you learnt that Napoleon was born in 1769 in Aiaccio. (You’d probably want to cite a source if you claimed that Napoleon’s family ruled a city in Italy back in 13th century because that ain’t gonna work with just your own say-so to back it up, which has nothing to do with copyright, of course.)
  3. Breaking the law technically and unintentionally, especially a law that fails to be reasonable and clear or serve a good purpose, is at best a venial sin and even probably not a comparatively high-ranking one. It may be helpful to you to think about the purpose of such a law (or moral norm). Sometimes the lawmakers fail to be clear or manage to write a law that doesn’t function as intended in a specific situation (even though it might be formally binding). In limited cases it may even not be a sin to violate such a law intentionally but let’s not get there.
  4. Depending on where you live, you may have some special rights as the student of an educational establishment (you’d need to ask a local lawyer about that). These rights come into play when you copy a lot of pages. But you don’t need such rights to read a book and remember what was in it. 🙂
  5. Your teacher should know and probably does know. Unless you have a very good reason to doubt what your teacher is doing, you should do the homework he told you to do. 😉
 
I agree with previous posters, especially puzzleannie who said that these issues are usually addressed early in any tertiary course. I don’t recall what happened at high school, but I suspect that it also addressed there. If it hasn’t been, then you should be able to ask your teachers anyway. It is their job to know these things.

For some more information, you might want to look at:
  1. [Wikipedia]
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. **Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. **The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
  1. A sample “Fair Dealing” policy, from the University of Melbourne. (“Fair Use” is also know as “Fair Dealing”).

Under fair dealing for research and study, you can copy:
•10% of the total number of pages or words (if the work is not paginated) or 1 chapter of the work, whichever is greatest. You may be able to copy more than 10% or 1 chapter under certain circumstances.
•1 article from a journal issue, magazine or newspaper. You may have 2 or more articles from the same issue if they are for the same research or course of study.
 
So facts are in no way in need of citation? Even if they aren’t common knowledge?

Maybe this would be under plagiarism, not copyright. They’re very similar, it would seem, though.
 
You should always cite the origin of your facts for an academic work - the more advanced the type of work, the more in-depth your bibliography should be. If you’re talking High School stuff, then probably no great depth is required, since you’re expected to show that you understand the subject at hand.

Previous posters are correct: facts are not copyrightable. Copying great chunks of other people’s theses and passing them off as your own would be a no-no though, but you can certainly quote excerpts provided you clearly attribute the source and don’t post so much of that source that you essentially republish it.

I don’t know your legal jurisdiction, but ‘Fair Use’ permits quoting in the US. That principle doesn’t apply in the UK in a defined legal sense, but nobody would ever worry about it, provided you acknowledge ownership of others works. In any case, it’s not a work you would likely publish to the public - it’s answering questions set to you by a tutor and you’re not going to be deriving any material benefit from it, other than knowledge and demonstrating by recounting that knowledge your qualifications in the subject.

Don’t worry about it. You’re not sinning!
 
So facts are in no way in need of citation? Even if they aren’t common knowledge?

Maybe this would be under plagiarism, not copyright. They’re very similar, it would seem, though.
As others have mentioned, you should cite the sources of your facts unless they’re common knowledge. But this is not so much a plagiarism issue as an issue of enabling readers to see where you got your information and to confirm that the sources you cite actually say what you’re citing them for.
 
So facts are in no way in need of citation? Even if they aren’t common knowledge?

Maybe this would be under plagiarism, not copyright. They’re very similar, it would seem, though.
Plagiarism is when you present someone else’s work as your own and the law may have a different definition for its needs than your school for its own. Plagiarism is actually possible to commit with the original author’s permission, e.g. when one is copying homework from a friend, but the typical situation is a writer stealing from another writer (here only if without permission) or a student stealing from a writer or a researcher stealing from another, if he is supposed to perform his own original work. In cases like fiction writing or scientific writings, the focus is on stealing from somebody else’s work but in cases like a researcher stealing from another it’s also on the faked originality of one’s work and in the case of a student copying from a published work, the focus is almost entirely on faking it, i.e. not doing the original work require but faking it with the use of something someone else had already done.

Facts are not in need of citation unless perhaps in some limited cases like when you’re mentioning the result of someone else’s particularly original research, but even then it’s not a question of copyright or plagiarism but rather courtesy and respect. It might also be courteous to give credit to the author of a book from which you learnt of a fact that’s otherwise very hard to find but this is not a question of copyright or plagiarism, either. In fact, if you see a footnote on some factual information (e.g. the GNP of France or average temperature in Atlanta in the month of July), this is done to prove that your facts are credible, not to avoid copyright infringement or plagiarism. Also, when you see something like “Jones wrote that…” and then a citation referring the reader to an actual book by Jones, it is not because of copyright or plagiarism but because the writer is providing proof so as to sound credible. This is a requirement in scientific works as nobody will believe unsubstantiated claims and mere opinions carry less weight than facts you can actually prove.

However, you should generally give a proper citation if you repeat some original opinions or conclusions, e.g. people’s views on possible causes of historical events or potential results of current events unless it’s something taken for fact by everybody. This may actually be a problem for a student who takes an authoritative author’s opinion for fact and, in consequence, doesn’t cite it. If you see something that looks like an opinion, cite it. When in doubt cite.

But don’t beat yourself up if you forget a citation or misjudge the situation in an honest mistake. You’re still a student and you’re learning to write. Learning typically involves mistakes. 😉 Sure, if you, like, copied a whole paragraph from a book and forgot to put it in quotation marks later because it was midnight and you were tired, so it looked like you wrote such a brilliant thing on your own, then you should tell your teacher (but you don’t owe anything to the author of the book in your situation as a student doing your homework, only a published writer would do any real damage to the original author in such a case). But not if you second-guess yourself about a minor detail days after handing in your homework. When in doubt, you can ask your teacher what should be done, primarily with the view to just learning how to handle similar cases in the future.
 
Remember, a quote or an excerpt of someone else’s work (properly attributed) should never take the place of your own original work, argument or conclusion about a subject. It should only ever support it. You have to demonstrate your own understanding, not someone else’s!
 
Remember, a quote or an excerpt of someone else’s work (properly attributed) should never take the place of your own original work, argument or conclusion about a subject. It should only ever support it. You have to demonstrate your own understanding, not someone else’s!
True! Sometimes you will, however, find yourself totally in agreement with something someone wiser than you (or just someone else) has written before. In such a case, just write that you agree with X’s opinion or hypothesis or conclusion or whatever else it is, while also crediting X for being brilliant, perceptive, accurate, authoritative or whatever applies. Provide some reasons for agreeing with him (the more original the better but if you just agree because it sounds convincing, then that’s fine too). You may also write why you don’t agree with the opinions of other writers. Don’t feel obliged to modify your honest opinion just because someone else came up with it first!
 
Remember, a quote or an excerpt of someone else’s work (properly attributed) should never take the place of your own original work, argument or conclusion about a subject. It should only ever support it. You have to demonstrate your own understanding, not someone else’s!
Typically, the questions are pretty fact-based.
12. What are some common Swedish dishes?
“Lutefisk, lefse…” (354)
[Citation]

So these kinds of things aren’t really legal problems? More like just out of courtesy?
 
Typically, the questions are pretty fact-based.
12. What are some common Swedish dishes?
“Lutefisk, lefse…” (354)
[Citation]

So these kinds of things aren’t really legal problems? More like just out of courtesy?
I guess you could call it courtesy, in the sense of being considerate to your readers. In scholarly work and journalism, it’s also a matter of professional responsibility.
 
Typically, the questions are pretty fact-based.
12. What are some common Swedish dishes?
“Lutefisk, lefse…” (354)
[Citation]

So these kinds of things aren’t really legal problems? More like just out of courtesy?
As 1ke said there is no legal or copyright issue here. None. And, as Langdell has said, the courtesy is (usually) to your readers and/or your own credibility.

Whether a citation is required in this context will depend entirely on the form of writing your teacher is expecting. If he (or she) requires a citation then provide it. If he doesn’t, then don’t. It’s up to him.

Above all, don’t sweat it! Learning to deal with copyright and citations is all part of the learning process through school and university. Your teachers have it under control. It’s part of their job.
 
How should citations be given then? Just slap some sources on a bibliography page? Put an in-text citation next to every fact?

I’m doing a report on something I don’t know much about, so most of the substance is going to be facts I got from sources. How do I avoid sinning by breaking the law here?
 
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