What is plagiarism examination?
A plagiarism examination is a process of determining the originality of a text by comparing the original text with other sources to identify possible cases of copying or use without the author’s permission. This process can take place in an academic environment to detect plagiarism in student papers, or in a commercial context to detect copyright infringement of textual material. The main purpose of the examination is to identify the fact of using another person’s material without indicating the source, which may be intentional or unintentional. If plagiarism is detected in an academic context, it can have negative consequences for the student, including expulsion, and in a commercial context, it can lead to lawsuits and compensation for damages.
When is an expert examination appointed and how is it conducted
Usually, plagiarism examination is carried out in case of suspicion of copying text from other sources without appropriate permission and indication of the source of borrowing.
A plagiarism examination can be ordered and conducted in various cases. For example, when submitting a research paper for evaluation or defending a dissertation in order to verify the originality of the research and identify possible cases of plagiarism. In addition, editors of scientific journals or conference organizers may conduct plagiarism examinations when preparing materials for publication to verify their originality. In addition, a plagiarism examination may be conducted when applying for a patent or copyright registration, as well as to verify the originality of an invention or work.
Expertise in Ukraine
The current version of the Law of Ukraine “On Copyright and Related Rights” (the “Copyright Law”) contains provisions on plagiarism in accordance with international standards. In particular, the Copyright Law defines the non-property rights of authors, including their right to authorship and the prohibition of any distortion or other modification of a work without the author’s permission. These articles are aimed at protecting authors from the publication of their works under someone else’s name, modification of a work without consent, or use of a work without permission. In addition, Article 11 of the Copyright Law provides for the personal non-property rights of the author.
Unfortunately, we can often see students, employees, or even officials using borrowings and taking credit for them (plagiarism) in their papers, dissertations, speeches, etc.
For example, in February 2022, VGolos reported on the accusation of the then Vice Prime Minister of Ukraine Pavlo Fedorchenko of plagiarism in his PhD thesis on “The Strategy for the Development of Organic Agriculture as a Key Factor in Ensuring National Economic Security.” Mr. Fedorchenko was accused of using materials from at least five sources without proper citation. According to the analysis of the Beta Project website, Fedorchenko’s dissertation contained more than 30 cases of copying, pasting or paraphrasing the content of articles, conference reports, master’s theses, monographs, textbooks, etc. that he had passed off as his own research.
Plagiarism in the United States
Rand Paul, a U.S. senator and another candidate for the 2016 presidential campaign, was the main subject of a 2013 plagiarism case.
The source of the controversy was an article published by Buzzfeed that drew attention to the similarities between Rand Paul’s speech at Liberty University and Dan Quayle’s 1989 speech. This led to the discovery of additional instances where Paul was accused of plagiarism, including excerpts from articles written by Rand Paul for The Washington Times and The Wall Street Journal.Although Rand Paul admitted his mistake and emphasized the importance of citing sources correctly, these two cases of plagiarism tarnished his political career. Today, people view him as a man willing to use illegal strategies to gain more power.
It is also worth recalling an interesting case of plagiarism of the musical work “Blurred Lines” against Robin Thicke and Pharrell, which lasted more than 5 years. As a result of a lengthy copyright infringement case, Marvin Gaye’s family won a lawsuit against Robin Thicke and Pharrell Williams for almost $5 million. The singers (authors) were accused of bearing an excessive resemblance to Marvin Gaye’s 1977 song “Got to Give It Up”.
In the US, the song debuted at number 94 on the Billboard Hot 100 chart in May 2013, and then gradually rose to number one.
In 2016, the hitmakers’ side tried to overturn the decision, but the federal appeals court upheld the verdict in March 2018.
EU countries
Each country in the European Union may have its own rules and procedures for detecting plagiarism, but there are general principles and approaches to this problem. One of the most important tools for combating plagiarism is copyright, which protects original works and prevents their illegal use. Most EU countries have laws that regulate the use of intellectual property and provide for liability for their violation.
EU countries also have special programs and services for detecting plagiarism. For example, the Turnitin program is widely used in higher education institutions in Europe to detect plagiarism in student papers.
The 2020 judgment against director Luc Besson and EuropaCorp in France is an interesting example of plagiarism. In this case, Besson and EuropaCorp were accused of infringing the copyrights of two American writers for the script of the movie Lockout, which they believed was copied without permission. The court found that Besson and EuropaCorp had indeed infringed the writers’ copyrights, and ordered them to pay compensation in the amount of 450,000 euros.
The use of plagiarism is illegal and can have serious consequences for the person who violates copyright. Although plagiarism may seem like an easy and quick way to get information or create a work, it is harmful to the original author, or it may even cause the author to become dissatisfied, leading to legal action.
We know that it is very important for you to protect your intellectual property rights, and we are ready to help you with this. Our lawyers have the relevant education and experience to provide you with the best solutions and advice, so we will be happy to help you!
