Plagiarism is one of the most serious threats to creative and scientific activities, which violates the rights of authors and undermines confidence in the results of intellectual work. The essence of plagiarism is the use of other people’s ideas, texts or works without proper reference to the original source, which essentially means appropriating someone else’s work. In the digital age, when access to information has become extremely easy, the problem of plagiarism is becoming particularly relevant, affecting academia, art, and business. Understanding the nature of plagiarism and how to avoid it is key to maintaining integrity and developing the creative potential of society.
Brazilian court orders removal of Million Years Ago track due to plagiarism
A court in Rio de Janeiro, Brazil, has ordered the suspension of the song “Million Years Ago” by singer Adele on the grounds that it plagiarizes the song “Mulheres” by Brazilian composer Toninho Geraes.
The Brazilian judge ordered the song to be removed worldwide, including from Spotify, Deezer and YouTube, under the threat of a daily fine of 50,000 reais (approximately UAH 343,000) in case of non-compliance.
The author Gerayes claims that Adele’s 2015 track is a plagiarized version of his work “Mulheres” recorded by Brazilian singer Martinho da Vila on a 1995 album. The compensation demanded by the composer is 1 million reais (6.8 million hryvnias) as compensation for moral damages.
In addition, Gerayes asks to be paid damages, as well as all royalties owed since the release of Adele’s song “Million Years Ago” in November 2015, in cash and with interest for late payment.
The decision mentions that they first tried to contact the singer in 2021, but due to the lack of response, they began to collect evidence.
In particular, the court presented a technical analysis of sound waves (waveforms) and expert opinions, as well as the personal judgment of the judge, who heard both songs and noticed the relevant similarities.
Mr. Geraes’ lawyer Fredimio Trotta said: “This is an iconic song for Brazilian music that has often been copied to create successful international hits.” He added that the injunction should deter foreign singers and labels who “seek to steal Brazilian tunes” and promised to ensure that radio and television broadcasters, as well as streaming services around the world, are alerted to the Brazilian court’s decision.
“This applies to 181 countries that have signed the Berne Convention, an international treaty to guarantee the protection of original artistic, literary and scientific works, which our country has recently joined,” he said.
The court ban on the song has already entered into force, but the fine will be applied only after all digital platforms are notified. The composer’s lawyers said they would monitor websites and apps.
This is not the first time that Adele’s song “Million Years Ago” has been plagiarized. Back in 2015, Turkish listeners accused the singer that her track was similar to the melody of a 1985 song by Kurdish singer Ahmet Kaya called “Acılara Tutunmak.”
The Supreme Court clarifies the liability for plagiarism in Ukraine
Quoting a work of a scientific nature in another work for study purposes without indicating the name of the author and the source of the quote is plagiarism. In case of proof of infringement of the copyright holder’s rights, in particular in case of plagiarism, compensation for violation of non-property and property rights is subject to recovery.
Such a legal conclusion was made by the Supreme Court of Ukraine composed of the panel of judges of the Second Judicial Chamber of the Civil Court of Cassation of Ukraine in its Resolution of January 17, 2024 in case No. 308/7570/18-ц on the claim for infringement of personal and property copyrights and recovery of compensation.
The plaintiff claimed that the defendant’s website (a state higher education institution) published a teaching and methodological complex for students authored by the co-defendant, an associate professor at the university, which used part of the plaintiff’s PhD thesis abstract. Since the plaintiff had not granted the defendants permission to use the abstract, she believed that her moral and proprietary copyrights had been infringed and sought compensation.
The court of first instance, whose decision was upheld by the court of appeal, dismissed the claim because the law provides for the possibility of reproducing an excerpt from a work without the author’s consent if the work was created for education and another work in which the excerpt is reproduced was also created for this purpose. The reproduction of a part of the plaintiff’s thesis in the teaching and methodological complex is also possible without the author’s consent, as it is a free reproduction of a copy of the work for education.
The Supreme Court of Ukraine disagreed with this conclusion and noted that, as a general rule, the use of a work as an object of intellectual property rights by another person is carried out with the permission of the person who has the exclusive right to authorize the use of this object.
The Supreme Court of Ukraine emphasized that a condition for the legitimacy of citation is the indication of the name of the author of the work and the source from which a particular quote is borrowed, which should indicate the origin of the quoted work used without the author’s permission.
Infringement of copyright and (or) related rights, which gives0000 rise to the protection of such rights, including judicial protection, is, in particular, plagiarism – the disclosure (publication), in whole or in part, of another’s work under the name of a person who is not the author of that work.
Compensation shall be recovered in case of proof of infringement of the copyright holder’s rights, in particular in case of plagiarism. To satisfy a claim for compensation, it is sufficient to have evidence of actions that qualify as copyright infringement. In order to determine the amount of such compensation, the following shall be taken into account: the fact of infringement and the type of infringement; duration and scope of infringement (one-time or repeated use of disputed objects); principles of private law (good faith, fairness, reasonableness).
In this case, the courts took into account that the defendant used the work without complying with such a condition for the legitimacy of citation as indicating the name of the author and the source. Taking into account that the courts established the fact of plagiarism (the use of a part of the plaintiff’s abstract was without indicating her name and source), the Supreme Court of Ukraine considers that the claim for compensation is subject to satisfaction.
Plagiarism is a serious obstacle to the development of science, art, and society as a whole. It not only violates the rights of authors, but also undermines the principles of integrity that are the basis for trust and fairness in creative and academic activities.
The effective fight against plagiarism begins with an awareness of its harm and the importance of copyright compliance. Modern technologies, integrity education programs, and strict rules of academic ethics are key tools to reduce the spread of this phenomenon.
Cultivating respect for other people’s ideas and encouraging a culture of originality in works directly contribute not only to the growth of individual responsibility, but also to the level of trust in society. Recognizing the importance of avoiding plagiarism is a necessary step in creating an environment where honesty and creativity are the driving force behind progress.
