By Brenda Ulrich

When someone copies your work without your permission, is that plagiarism or copyright infringement?  These terms are often used interchangeably, but in fact they do not mean the same thing.

Plagiarism is passing off someone else’s ideas or work as your own, without proper credit. But there may be no direct copying involved – it could just be paraphrasing an idea from someone else’s publication.  The main offense is the failure to provide attribution. Plagiarism is not illegal, but it is certainly an offense in academia, often with severe academic consequences, e.g., a failing grade for a student, revocation of a job offer, and so forth.

Copyright infringement is actually copying the work itself – not just the ideas but the expression of that idea in the published work.  Copyright law gives copyright holders the exclusive right to copy and distribute their work. The copyright holder also gets to decide who – if anyone – to give permission to make or distribute copies of their work. (In the world of TAA, for example, this permission often takes the form of a publishing contract).  Even if you give proper attribution, you could still be in legal trouble if you copy the work without permission.  Unless an exception like “fair use” applies, a copyright infringer is legally liable for infringement, even if the infringement was unintentional.  Infringement of a registered copyright can lead to legal action and significant damages.

For more information, see The Difference Between Plagiarism and Copyright Infringement (Copyright Alliance).

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Brenda Ulrich practices publishing and intellectual property law at Archstone Law Group, PC, where she is a Partner (bulrich@archstonelaw.com). She represents many textbook authors in drafting and negotiating publishing, licensing, and collaboration agreements and in resolving publishing disputes. She also advises colleges and universities on the development and implementation of intellectual property policies, navigating copyright questions related to teaching and scholarship, and managing and defending trademark portfolios.