What is Plagiarism?
To “plagiarize” means:
- to steal and pass off (the ideas or words of another) as one’s own;
- to use (another’s production) without crediting the source;
- to commit literary theft;
- to present as new and original an idea or product derived from an existing source (Merriam-Webster, 2020).
The Department of Justice (Philippines), on the other hand, on its press release dated 02 October 2012, defined plagiarism as “a concept more understood in academic circles as an offense against academic integrity anathema to the strict standards of originality of scholarly works which members of the academic community subscribe to”.
Additionally, the Supreme Court described plagiarism as the “deliberate and knowing presentation of another person’s original ideas or creative expressions as one’s own”, IF COMMITTED UNDER CERTAIN CIRCUMSTANCES, CAN AMOUNT TO CRIMINAL VIOLATION OF THE INTELLECTUAL PROPERTY CODE, THE E-COMMERCE ACT OR THE CYBERCRIME PREVENTION ACT.
Plagiarism thus refers to the act of appropriating the ideas of another and presenting them as one’s own. It is an act of intellectual dishonesty, which assumes more gravity when committed in the context of an activity that puts premium precisely on the production of original creative work (e.g., an academic paper, a literary or scientific publication, an artistic work, etc.).
Up until recently, the concept of plagiarism has only gained currency primarily in the academic field, where standards for original scholarly work leading to an undergraduate or graduate degree are strictly enforced. however, various events have sparked spirited debates on the nature and extent of plagiarism outside the academe, arising from cases of alleged plagiaristic acts committed by high-ranking public officials.
Plagiarism under the Intellectual Property Code
Under Section 172.2 of Republic Act No 8293, otherwise known as the Intellectual Property Code (“IPC”), literary and artistic works “are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose”. Such works refer to intellectual creations in the literary and artistic domains which include all forms of creative expression – writings, musical and dramatic compositions, drawings and illustrations, plans and sketches, pictures, computer programs and, in general, all other “literary, scientific and artistic works” [Section 172.1, IPC] including works derived from them [Section 173, IPC].
As to “derivative works” under Section 173 of the IPC, the law protects as “new works” any of the following:
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
Thus, the protection accorded by intellectual property laws extends to works which have been derived from other works, without prejudice to the latter’s subsisting copyright. This means that if an author creates a work by adapting, abridging, or translating a previous work, or by selecting, coordinating or arranging previously-gathered data, the said author is deemed by law as an original author, and his/her “derived” or “transformed” work will be protected by law as an original creation. The fact that an author anchors his/her work on the work of another does not mean that the laws will provide him/her less protection. Transforming pre-existing works in a meaningful manner requires the same level of originality, creativity and critical thought which the IP Code equally recognizes as worthy of copyright protection.
All of the following are considered plagiarism:
- turning in someone else’s work as your own
- copying words or ideas from someone else without giving credit
- failing to put a quotation in quotation marks
- giving incorrect information about the source of a quotation
- changing words but copying the sentence structure of a source without giving credit
- copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not (fair use)
Common Ways Students Accidentally Plagiarize
Here are some common ways students accidentally plagiarize in their research papers and assignments:
1. Poor Paraphrasing
In the “How to create a paraphrase” section towards the top of this page, we share that paraphrases are “recycled information, in the paper writer’s own words and writing style.” If you attempt to paraphrase a few lines of text, and it ends up looking and sounding too close to the original author’s words, it’s a poor paraphrase, and is considered plagiarism.
2. Incorrect Citations
If you cite incorrectly, even if it’s done accidentally, it’s plagiarism. Any incorrect information in a reference, such as the wrong author name, or the incorrect title, results in plagiarism.
3. Forgetting to include quotation marks
When you include a quote in your paper, you must place quotation marks around it. Failing to do so results in plagiarism.
Most cases of plagiarism can be avoided, however, by siting sources. Simply acknowledging that certain material has been borrowed and providing your audience with the information necessary to find that source is usually enough to prevent plagiarism.
Copyright Law in the Philippines
(All texts in this section is taken from Federis & Associates Intellectual Property Firm, 2013)
What is copyright?
Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.
What are considered copyrightable works in the Philippines?
Under Philippine law, original intellectual creations in the literary and artistic domain are copyrightable. These include books, pamphlets, articles and other writings; periodicals and newspapers; lectures, sermons, addresses, dissertations prepared for oral delivery; letters; dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; musical compositions; drawing, painting, architecture, sculpture, engraving, lithography; models or designs for works of art; original ornamental designs or models for articles of manufacture; illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; drawings or plastic works of a scientific or technical character; photographic works including works produced by a process analogous to photography; lantern slides; audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; pictorial illustrations and advertisements and computer programs.
Derivative works are also protected as new works, provided that it does not affect the existing copyright on original works. Derivative works may include: dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary music work; collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
What works are not protected by copyright under Philippine law?
Copyright protection does not cover:
- Idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work;
- News of the day and other miscellaneous facts having the character of mere items of press information;
- Official text of a legislative, administrative or legal nature, as well as any official translation thereof;
- Work of the Philippine Government, unless there was a prior approval by the appropriate government agency; and
