Posts Tagged "Plagiarism"

Is Plagiarism Unlawful?

Posted on Oct 16, 2018

Is Plagiarism Unlawful?

INTRODUCTION “Plagiarism” is a much misunderstood and misused term in common parlance. In layman’s terms it is generally used to convey the notion of copying or reproducing the work of another in a clandestine manner. Although it is not specifically mentioned or perhaps even considered as an element, by implication it entails such misuse being without permission. It is often used as a synonym for, or in lieu of, “copyright infringement” and it is generally thought to amount to the same thing. Supposedly, being copyright infringement by another name, it would naturally be unlawful....

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The Plagiarist on Trial – a legal perspective on plagiarism

Posted on Aug 2, 2018

The Plagiarist on Trial – a legal perspective on plagiarism

In an attempt to circumscribe the range of “nefarious conduct”[1] that may amount to plagiarism, many resort to a discourse on ethical standards,[2] literary technique,[3] institutional values, citation methodology, copyright infringement[4] or theft.[5] Although these discussions, at least in part, approach a grasp on what plagiarism means, none are acceptable from a legal perspective. Moreover, while reliance is placed on moral considerations instead of the law, the intolerable risk remains that cases of plagiarism will be adulterated by the myriad of personal details, factual...

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Good read: a truly South African novel on copyright law

Posted on Oct 17, 2017

Good read: a truly South African novel on copyright law

It is about time! Great news for those in need of new, good fiction in the courtroom drama sub-genre with a truly South African perspective – the new book The Summit Syndrome has just been published by Authorhouse UK. And the best part – it is set as a copyright infringement case authored by the man who knows how to tell this story very well, Professor Owen Dean. Mixing legal suspense with a character-driven plot “in this dramatic story of treachery, betrayal, love, and an obsession to succeed, a lawyer takes on a complex and bizarre copyright case while in a state of...

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News reports and fair dealing: Moneyweb v Media24

Posted on May 17, 2016

News reports and fair dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) (full text available here) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or...

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The press(ing) matter – plagiarism and copyright infringement

Posted on Feb 2, 2012

The press(ing) matter – plagiarism and copyright infringement

A journalist who cannot define plagiarism is nearly as useful as a bucket without a bottom. Similarly, while the nation is expected to rise in defence of the independence of the press (and rightly so), one might be excused for thinking that all members of the media are capable of independent thought. Unfortunately, judging by recent commentary on the SA Press Code, the captains of our printed media understand as little about plagiarism as the ruling party does about intellectual property law. While addressing a hearing of the Press Freedom Commission earlier this week, Barney Mthombothi, the...

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