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EN
The beginning of this publication gives a brief explanation of the problem of appropriating the works of others and legal implication connected with it. This part seeks to explain the importance of the tendency in the contemporary visual arts to copy and appropriate the result of someone’s else creativity, first and foremost famous and easily recognisable works. As a rule the person, who created a specific work, owns the copyright of it. The creator is often called the author of the work. As practice shows this situation is often not that simple, especially in case with the appropriation. The second part of this article characterises the legal institution of plagiarism and the conditions of the copyrights’ protection. This chapter gives an answer of what the plagiarism is. Plagiarism is regulated by the art. 115 of the polish copyright law. The main part of the publication provides basic information about copyrights and related rights in the context of this regulation. This part answers the following questions: (1.) which special rules of plagiarism are relevant in case with folk art?, (2.) what is the relation between plagiarism and several forms of legal use such as quotation, inspired work and derrivated work? This part deals in particular with the challenges concerning the protection of copyrighted works in contemporary art. Here the answer to the question ‘what are the reasons of work’s similarities?’ is given. The next section is dedicated to show how the authors can find and use works in the public domain as well as what the public domain is. Copyright laws try to find a balance between the rights they give to authors and the right of the public to access and use these works. The creators also benefit from having an access and a possibility to use the works of previous authors, which inspire them and help them learn techniques, which can be used to develop new works. The public domain and copyright limitations provide this balance between the rights of authors and the rights of the public. It is important that different authors to create new works often use the works in the public domain. When an original work is translated, adapted or changed in any other form, the new work is called a derivative work. Derivative works are also protected by copyrights, even if the original works from which they were derived are in the public domain. The person who created the derivative work is its author and owns its copyright. If someone wishes to use (reproduce, translate, adapt, etc.) a derivative work, which is protected by copyrights, must obtain permission from the author. One of the important question of this section is: what happens in case with an anonymous work of art? One should take into consideration, that in some cases authors wish to remain anonymous or use a pseudonym in order to hide their true identity from the public. In these cases, the author still owns the copyright to his works. The final part of the publication explains three common types of copyright infringement and how they can be avoided. Infringement takes place when a copyrighted work is used (reproduced, translated, adapted, exhibited or performed in public, distributed, broadcasted, or communicated to the public) without the permission of the right holders or under a limitation to copyright. The main copyrights infringement is plagiarism, which means the act of copying a work, wholly or partially, and then pretending to be its original author. In conclusion some additional information is given, which includes the most important questions about the use of copyrights in the practice.
EN
The article offers a metapoetic reading of Herondas’ second Mimiamb, in which Battaros should be identifi ed with Callimachus, Thales with Apollonius of Rhodes and Myrtale with the poetic production of Callimachus himself. According to this approach, the real aim of the mimiamb could be the ironic description of Callimachus (portrayed as a greedy brothel-keeper) accusing Apollonius of stealing his poems: the Koan jury (probably the poets around Philetas) will have to judge, in fact, a case of plagiarism.
EN
In the late twenties of the 20th century, Bertolt Brecht found himself accused by contemporary literary critics of having copied Rimbaud in his drama “Im Dickicht der Städte“. This was an occasion for him to develop a literary poetics that focuses on the aesthetics and ethics of plagiarizing. Brecht considered the literary technique of plagiarism as being productive for four reasons. First, the copy eliminates every personal dimension of a symbolic expression and emphasizes its genuine features, just as the Epic Theater does. Secondly, the copy incorporates into the aesthetic production process the art of forgetting, which Brecht – following Nietzsche – considers as being a vital power. Thirdly, the copy deconstructs the concept of the artist as a genius, which to Brecht – as well as to Michel Foucault and Roland Barthes – is essentially ideological, for, by disallowing the free composition of aesthetic fiction, it impedes the artistic process. Fourth, in the field of symbolic production, the copy represents a form of proto-communist common property as it eludes any efforts of commercialization made by the capitalist cultural industry. The essay traces Brecht’s arguments in favour of plagiarism and analyzes the political consequences of this explicitly epigonal writing strategy.
EN
The report encompasses the activity of the Committee on Ethics in Science in the year 2018.
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EN
Review of: Mike Sutton, Nullius in Verba: Darwin’s Greatest Secret, Thinker Media [First Digital Edition], Kindle Edition 2014.
EN
By presenting perceptions of Nigerian students enrolled in the online international postgraduate programmes of the University of Liverpool regarding academic integrity, this paper aims to explore Western ideas, such as originality and plagiarism that are extraneous in the students’ local cultures. Different historical and cultural circumstances may contribute to the construction of diverse meanings that online students attribute to these concepts. The multidisciplinary study follows phenomenological research design (van Manen, 1997; Creswell, 2007) and combines cultural anthropology (Hall, 1996, Hannerz, 2001; Coleman et al., 2010) as well as online education (Anderson, 2008) in the research. The paper promotes a non-judgmental and culturally aware approach when dealing with issues of academic integrity, intends to find ideological reasons in authentic cultural belief systems that may demonstrate that the common ‘nonunderstanding’ concerning academic integrity is due to a culture-dependent meaning construction process, which leads to the ideological misinterpretation of these Western concepts.
EN
The article consists of two parts. In the first, the author discusses the criminal law aspects of the crime under Art. 115 paragraph 1 of the Act on Copyright and Related Rights. The second part presents the results of empirical research. In order to learn the dynamics of convictions over the years, characteristics of perpetrators and types of punishments imposed by courts, the author collected and developed statistical data obtained from the Ministry of Justice. In order to examine the factual circumstances of plagiarism cases, as well as the correctness of the legal classification of offenses used by the courts, the author conducted a case study. The research covered cases ended with a final conviction in 2013–2017. The summary includes comments regarding problems with the legal classification of infringements of copyright and related rights as well as de lege ferenda postulates.
EN
Anhui is one of the leading knowledge-based regions of China, which relies on academic research innovation. This publication aims to present the factors that influence of plagiarism on Chinese students and also explores the common perceptions of students themselves on the idea and act of plagiarism in higher level education environments. The literature provided identifies two major facets of plagiarism, which are both internal and external factors. Qualitative evidence from students demonstrates that both internal and external factors encourage Chinese students to plagiarize during their studies due to the availability of the internet (ICT and Web), lack of teaching expertise, poor academic skills, pressure from family members and peer groups, and financial constraints. It was also found that personal pride played a significant role in catalyzing the decision to plagiarize. On the basis of the said literature and qualitative evidence, the authors provide relevant recommendations about overcoming the concerns of students regarding plagiarism at the university level.
PL
The article presents the dispute between Freud and Fließ concerning the bisexual theory of the latter. According to Fließ, Freud inadvertently conveyed the main ideas of this theory to his patient, Hermann Swoboda, who included them in his article, which he published. Not enough of this. The latter conveyed them to Otto Weininger, who also drew on them in his famous book Sex and Character. The result was public accusation of plagiarism made by Fließ against Swoboda and Weininger and the breaking of friendship with Freud. In the article, I argue that in this case the issue of alleged plagiarism is problematic and at least ambiguous, not allowing the formulation of categorical opinions.
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EN
In 1948, Polish science-fiction writer Mieczysław Smolarski wrote an open letter to Aldous Huxley in which he accused Huxley of plagiarising, in his famous novel Brave New World (1932), two novels which Smolarski himself had written in the 1920s: Miasto światłości (A City of Light) and Podróż poślubna pana Hamiltona (Mr. Hamilton’s Honeymoon). The key argument presented in this paper is that even if Huxley had read these two novels (which is very unlikely), Brave New World would not have been altered in any considerable way, and that in 1931, the year in which he wrote Brave New World, Huxley was already a distinguished novelist and a profound thinker capable of writing a masterpiece without resorting to plagiarism.
EN
Patrick Matthew’s (1831) prior-publication of the complete hypothesis of natural selection “anticipated” Darwin’s Origin of Species by 28 years and Darwin’s and Wallace’s (1858) Linnean papers on the same topic by 27. Founded on the premise that no naturalist read it before 1860, Darwin’s and Wallace’s claims of duel independent discovery of Matthew’s hypothesis have been accepted by the scientific community. However, the central premise upon which those claims have been accepted — that no naturalist read Matthew’s ideas before 1858 — is a proven fallacy, because the famous and hugely influential naturalist Loudon reviewed Matthew’s book in 1832, commenting that it appeared to have something original to say on “the origin of species”. The fact that Loudon was a naturalist has been totally ignored until now. Furthermore, it is newly discovered that after reviewing Matthew’s book he went on to edit the journal that published two of Blyth’s highly influential papers on organic evolution. Blyth was Darwin’s most prolific and helpful correspondent on the topic. Further new discoveries reveal that, besides Loudon, whose work was well known to Darwin and his associates, six other naturalists read Matthew’s book and then cited it years before 1858. One, Selby, sat on several scientific committees with Darwin, and was a friend of his father. Selby went on to edit Wallace’s famous Sarawak paper on organic evolution. Another, Robert Chambers, a correspondent of Darwin, who met with him, went on to write the influential Vestiges of Creation, which both Darwin and Wallace admitted was an influence on their work. Undeniable potential knowledge-transfer routes did exist before 1858, therefore, between those who read Matthew’s ideas and commented upon them in the literature, and Darwin and Wallace. In light of the fact that influential naturalists, known to both Darwin and Wallace, did read Matthew’s original ideas before 1858, veracity in the history of discovery requires now an investigation into the possibility of cryptomnesia or deliberate pre-1860 plagiarism by Darwin and Wallace. In that regard, the notion of “knowledge contamination” is proposed and presented in a three-fold typology of escalating culpability for replicators of prior published work with citation. Future research in this area should turn to the neglected correspondence and private journal archives of those naturalists known to Darwin and Wallace who read Matthew’s ideas before 1860.
EN
The article characterizes logical method of comparison as an object of scientific research i.e. definition of it has been given, the method’s aims have been mentioned, classifications and types of comparison have been listed. An example of violation of the comparative method application in the Internet discussions devoted to fiction pieces analyses has been considered. The subject of the Internet discussion has been accusations of plagiarism and chauvinistic objections to the necessity of Russianspeaking literature translation into Ukrainian. Purpose: The purpose of the article is to characterize comparative method as an object for the research. Based on specific sample material to analyze facts of manipulation with information through the violation of comparative method application within the Internet discussion. Material and methods: Comparative method has been used in the article – two poems’ texts (Samuil Marshak’s poem “The Absentminded Fellow from Baseynaya Street” in Russian and Ivan Malkovych’s poem “The Absentminded Fellow” in Ukrainian have been compared; the content of the Internet discussion comments has been compared as well. Content and formal features correspondence in terms of the “plagiarism”, “free literary translation”, “literary borrowing” concepts have been analyzed. Deductive method has been applied in the form of logical conclusion based on the integrity of the analyzed facts. Results: Comparison of poems according to formal scheme of poetic piece and their analyses allowed refuting of plagiarism accusations and prove relation of Ivan Malkovych’s poem to the category of literary borrowings – in this very case – to free translation. The article is an example-attempt of scientific well-grounded refutation of information manipulations during Internet discussions, whose aim is to activate negative emotions of average uncritical philistine being unaware of literary work and history of literature.Conclusions: In the sphere of information security the comparative method is both a means of informational aggression (in case of violation of comparison rules application) and anti-manipulation means (if the comparison rules are followed).
EN
One accompanying phenomenon of modern science, which is focused on (measurable) output, is a radical increase in the types and forms of plagiarism, or fraud in other words, at the level of student essays, dissertations and pure research studies. This contribution demonstrates that cases of fraud, being both exemplary and the most serious ones in terms of financial implications, occur in the natural sciences, medicine and technological sciences, yet the humanities, namely historiography, are also blighted by misconduct of a similar vein. The author lists exemplary cases of fraud in academic research. Thereafter, supported by the Codes of Practice of the Academy of Sciences of the Czech Republic and the Charles University, he identifies with the help of exemplars, the four fundamental types of academic fraud in publishing: plagiarism, fabrication, falsification (including “negative falsification”) and data theft. He also highlights the fact that these are not mere trivial offences nor marginal phenomena but rather significant breaches of scientific conduct with an impact on the very substance of the respective discipline, and thus present a serious problem that modern historiography needs to address.
EN
The most important function of copyright is the protection of products of creativity, property rights and personal creator. In this broad sense, the laws protecting the author are understood and accepted by practice all over the world. The main focus of this article is to analyse the lyrics of Polish songs whose authors entered the judicial path to investigate one’s rights, and to compare them with spoken word texts, which, due to frequent references to the works of other authors, could be considered illegal. The research material consists of open court judgments, song lyrics and recordings of slam poetry texts collected by the author.
EN
The report encompasses the activity of the Commission for Ethics in Science in the year 2019.
EN
Cheating and plagiarism spread like pandemics in many educational contexts and are difficulty to detect, fight and also to understand. The purpose of this exploratory study is to investigate what first-year students of English at a large Hungarian university believe to be the main reasons for plagiarism. Twenty-five students were asked to express their views in a free opinion essay. Perceived reasons were categorized into twelve main groups based on the literature and the reasons for plagiarism provided by faculty members at the same university. The most often mentioned reasons included saving time and effort and unintentional plagiarism.
EN
Purpose of his article is to present to the reader the phenomenon of submitting somebody else’s MA thesis as one’s own. Based on author’s studies (experiment, in-depth interviews and content analysis) the most important characteristics of this “business” are described: terms of transactions, buyers and sellers characteristics, prices, seasonal, types of thesis and so on. In the second part of this article is presented the interpretation of the phenomenon contexted to Robert Merton’s functional theory. The theory helps to present selling and buying thesis as an innovative strategy in educational system, but at the same time dysfunctional. Not only a microsociological point of view is presented but also a broader context is described: anomy phenomena in Polish society.
PL
There may be circumstances where academic degrees or the title of professor are obtained deceitfully, i.e. in breach of copyrights or moral principles in science. Dishonesty in scientific research constitutes gross misconduct because it is executed in order to appropriate ideas, findings, collocations and theses of others, without accurate citation of the source. It also entails infringement of intellectual property rights. Scientific misconduct in ethical and legal aspect is explicit. It disqualifies the offender as a scientist. The unlawful act of obtaining an academic degree (Ph.D.) or the title of professor in such a deceitful manner, irrespective of how much time has passed, shall not make the resumption condition fall under the statute of limitations. Thus, it enables the reopening of procedures to deprive the person who deceitfully obtained an academic degree or title of this degree or title.
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