Misused of Internet Essay Example

assignments, which is considered acceptable.

According to Professor McCabe, a significant number of students misuse internet resources when writing their papers. Instead of conducting original research, they often rely on finding pre-written papers or articles on various topics. This behavior is widely known as "cut-and-paste" plagiarism and is alarmingly common among students. Surprisingly, almost half of the surveyed students either consider this misconduct inconsequential or fail to recognize it as plagiarism.

To tackle this issue, many universities have developed websites and organizations focused on preventing and detecting plagiarism. For instance, the University of Alberta has published an online Faculty Guide to CyberPlagiarism which discusses reasons behind student plagiarism and offers suggestions for prevention. This guide incorporates information from a 1999 survey conducted by the Center of Academic Integrity at Duke University.

A survey conducted with 2100 college students in the United States revealed that 68% of participants admitted to committing academic offenses like plagiarism (Owings, A31). Another study called the 2003 National Survey of Student Engagement (NSSE) made a concerning discovery that 87% of students reported their peers occasionally copying and pasting information from the internet without proper attribution (6). To identify instances of plagiarism, dedicated software or quick web searches using search engines like Google can be utilized.

Various websites, including Internet Essay Exposer and Turnitin.com (a Plagiarism.org product), offer plagiarism searches. These sites usually require payment but provide fast results, often within 24 hours. These options offer convenient and easy-to-use tools for identifying and preventing plagiarism in academia. The software not only detects instances of plagiarism but also receives regular updates for improvement. However, further actions are still necessary.

To combat plagiarism, it is

crucial to both identify students who engage in such acts and educate them about its significance while highlighting the consequences. Faculty members should also make an attempt to utilize available tools to detect plagiarism in papers submitted for their courses. Although these measures may not entirely eradicate plagiarism or apprehend all offenders, they are still valuable due to the limited definition frequently linked with plagiarism.

Plagiarism goes beyond simply purchasing a paper and passing it off as one's own. It encompasses actions such as copying and pasting sections of articles without proper citations or credit, as well as an article without acknowledging the original author. Plagiarism involves taking someone else's ideas or words without giving them credit and presenting them as your own. This applies to both printed and online texts, including the work of fellow students. For instance, if a student is tasked with writing a ten-page research paper on a specific topic and they download articles related to that topic, then proceed to copy significant portions of these articles into their own paper without appropriately attributing them.

Plagiarism, which refers to the failure of properly referencing copied content, is a grave offense. If discovered, students must take responsibility for their actions and face suitable consequences in relation to academic paper preparation. It is crucial to recall Professor McCabe's survey results showing that 38% of surveyed students admitted engaging in cut-and-paste plagiarism [8]. Now, let us contemplate a scenario where instead of writing an essay, the student is obliged to deliver a ten-minute PowerPoint presentation on a specific subject during class.

Plagiarism is the act of downloading and including articles

in a presentation without giving proper credit. In these cases, students should be penalized if plagiarism is found. However, the chances of detecting plagiarism are minimal, and even if it is detected, the likelihood of facing consequences decreases.

The distinction between a research paper and a PowerPoint presentation lies in their perceived finality. A research paper is expected to be the student's own work, conveyed in their own words and supported by proper citations. In contrast, a PowerPoint presentation is considered as spoken communication, prioritizing delivery over source citations. Additionally, unlike a temporary PowerPoint presentation, a research paper has a tangible and enduring presence.

Although it may be distracting to have citations directly on PowerPoint slides, students should still acknowledge their sources as they would in a research paper. Instead of including the citations on the slides, simply providing them in the notes section of the presentation is sufficient. This method works effectively when students need to submit a hard copy of their presentation to their professor. In certain situations, like business students working on class projects, they might have to create a web page for a fictional product.

The student gets ready for a class assignment with a disclaimer stating that the webpage is from a fictional company, not an actual product. However, the student frequently commits copyright infringement by copying and pasting images from legitimate websites promoting real products.

Not providing proper credit for pictures used by a student is seen as plagiarism and can lead to copyright infringement, resulting in legal consequences. To avoid these issues, the student must show that their use of the picture follows fair

use guidelines or that they have obtained permission to use it or correctly cited the source. Fair use allows limited reproduction of copyrighted work for purposes such as criticism, comment, news reporting, teaching, or research. Unauthorized use of a trademark is also problematic since it constitutes trademark infringement regardless of registration status.

According to Johnson and Groneman (147), trademark infringement is most likely to occur in a Web site design class. This poses an issue when a student replicates a trademarked design while creating a website for a local business. In these instances, the responsibility for trademark infringement lies with the student, faculty member, educational institution, and the local business. However, copyright infringement on the internet is safeguarded by Article I, Section 8 of the U.S. Constitution. The Copyright Act of 1976 grants copyright protection to original works of authorship fixed in any tangible medium of expression (Johnson and Groneman). It's important to note that authors retain ownership of their work regardless of the medium used or future advancements. While copyright protection commonly applies to written works, it also extends to any original work captured in any form of expression. Thus, the creator retains copyright for an email message they compose and an individual who creates or commissions a webpage possesses its copyright. Since March 1, 1989, there is no longer a requirement for a copyright notice for such creations.

The owner of copyright holds exclusive rights to copy, distribute, or display the content. They also have authority over creating adaptations and publicly presenting the work.

Violating these exclusive rights is strictly forbidden, and those who infringe upon a copyright may

be held responsible for their actions. The copyright protections that apply to printed materials also apply to other forms of tangible expression on the Internet and World Wide Web, such as audio, video, and textual content. [10] It's important to note that documents can be protected by copyright even without explicit notices indicating such protection. With the ease of replicating documents online, including text, images, audio, and video, the potential for infringement is clear.

When using online material, it is important to understand that copyright laws protect it. To avoid legal problems related to copyright infringement, individuals should either ensure their use of the material falls under fair use or obtain permission from the copyright holder. Failure to do so can result in significant civil liabilities. It is important to remember that the rights given to copyright holders are not absolute, particularly when dealing with online content.

The "fair use" of copyrighted material is permitted under the copyright act, although there are no clear rules for determining what qualifies as "fair" use. The fair-use section of the copyright act specifies four factors to classify potentially infringing use as "fair" and thus permissible. These factors include the purpose and character of the use, the nature of the copyrighted work, the amount and significance of the portion used, and the impact on the market for the copyrighted work. Courts assess sub-factors within each factor to determine whether they favor the copyright holder, user, or are neutral. Through examining these sub-factors and assigning each factor to a particular side, courts decide on upholding copyrights or allowing their use in specific cases.

When assessing the fairness

of using copyrighted material, the first aspect to consider is the purpose and character of the use. If the use merely duplicates the original content, it is unlikely to be considered fair. However, if the use introduces something new or targets a different audience, it has a higher chance of being deemed fair. Moreover, if the use serves a nonprofit educational purpose, it further strengthens its likelihood of being regarded as fair. [13] The second factor to consider pertains to the nature of the copyrighted work and how it is utilized.

Using an unpublished work without permission from the copyright holder is unlikely to be considered acceptable. However, if a previously published work is currently out of print, there is a higher chance of it being viewed as fair use. The courts also consider whether the work is factual or artistic; less artistic value decreases the likelihood of fair use. The quantity and importance of the portion used are important factors in determining fair use, evaluated in relation to the entire copyrighted work.

When determining if a large portion of a work reduces fair use, courts assess whether it exceeds the reasonable expectations of the copyright holder and diminishes the core or essence of the work. If this is the case, fair use cannot be claimed. Additionally, courts consider if such usage negatively impacts the economic value of the work for the copyright holder, in which situation fair use does not apply. Finally, they also take into account the potential market for the copyrighted work.

The courts will assess whether the use of copyrighted material differs from the original use, appeals to a new

audience, and includes original content. If the use significantly deviates from the original work or targets a different demographic or comprises unique material, the courts are more inclined to classify it as fair use and not subject to copyright restrictions. Only one federal appellate court opinion has applied these criteria to an Internet-related copyright infringement case involving the defense of "fair use," specifically Kelly v. [15].

Leslie A. Kelly, a photographer who specializes in capturing images of California gold rush country and photographs related to the works of Laura Ingalls Wilder, is affiliated with Arriba Soft Corp. [16]. Although Kelly's photos are not available for individual sale, they have been featured in various books. In addition to his photography work, Kelly manages two websites. One website offers a virtual tour of California's gold rush country and promotes his books on the subject. The second website focuses on marketing corporate retreats that take place in California's gold rush country. Meanwhile, Arriba Soft Corp., which is now known as Ditto, operates a visual search engine on the internet.

The visual search engine retrieves and displays thumbnail images based on user queries. Clicking on a thumbnail gives access to information like the full-size image, dimensions, and website address. By clicking on the address, users can go to the original website.

In January 1999, Ditto's image database added around thirty-five of Kelly's photographs through their visual search engine. Upon discovering this, Kelly requested the removal of these images. Despite complying with the request, Kelly sued Ditto in April 1999 for copyright infringement and violation of the Digital Millennium Copyright Act (DMCA).

The district court determined

that using copyrighted images from other sources for an Internet visual search engine is generally considered a prima facie copyright violation but could potentially be justified under fair use. Additionally, the court ruled that no violation of DMCA occurred in this particular case.

The court assessed various factors to determine if Ditto's use of the images qualified as fair use. It acknowledged that fair use is a defense that requires Ditto to establish its case. The initial factor, the purpose and character of use, favored Ditto (Arriba). This was because their utilization of the images was more unintentional and less exploitative in contrast to typical commercial usage. Furthermore, their application was "transformative," indicating it served a distinct purpose from the original creation of the images.

The visual search engine, Ditto, improves image accessibility by using functional thumbnails instead of aesthetic ones. Unlike text-based search engines that rely on the URL, title, and brief description of a work, Ditto incorporates actual photos in its database. Moreover, the nature of the copyrighted work opposes fair use.

The court recognized that certain works are more central to copyright protection and therefore fair use is harder to establish when copying these works. Artistic works like Kelly's fall into this central category. [20] · The third factor, which considers the amount and significance of the portion used, slightly went against fair use. However, creating thumbnail images was considered a justified fair use as it fulfilled the purpose of the search engine without exceeding what was necessary.

The search engine's use of the full-sized image without context was deemed unfair and not necessary [21]. However, the court

determined that fair use was supported by the minimal impact on potential market value. In fact, Ditto's visual search engine did not compete with Kelly but instead increased accessibility to his websites and potential market through "hits" [22]. While Kelly seemed fine with having his sites indexed, he objected to Ditto's indexing method. It is worth noting that there is no evidence of Kelly having any issue with being indexed by a text-based search engine; he simply wanted explicit permission for visual search engines. Notably, two out of four factors favored fair use while the other two were unfavorable. Nevertheless, factor three only slightly weighed against fair use.

The court has affirmed that using a copyrighted image on the Internet without permission can be considered fair use under the fair use doctrine. However, it is important to note that this ruling was narrowly obtained and could have had a different outcome. The relevant factors for fair use were evenly weighed, with the defendant having the burden of proving their case. When these factors are equally balanced, it is typically expected that the defendant will not prevail. In conclusion, plagiarism has long been a concern in academia and now holds even greater significance due to the technological advancements available to students today.

The prevalence of plagiarism remains high, particularly among students who rely on online sources to locate papers covering various topics. They can effortlessly duplicate and insert portions from these articles into their own assignments. Certain plagiarists may even alter the phrasing of the extracted material to hinder detection.

Despite the availability of tools and penalties for enforcing against plagiarism, there is

a less recognized form that occurs when students incorporate images or ideas from the Internet into their presentations without proper credit. This type of plagiarism is similar to claiming parts of papers as one's own work.

Copying images or ideas, though common in PowerPoint presentations or web page creation for class assignments, often goes unnoticed and is unlikely to be detected. As a result, this form of plagiarism does not receive enough attention or consequences. To address this issue, it is crucial to educate students about the definition and repercussions of plagiarism so they understand the penalties they will face if caught.

In addition, faculty members need to make significant efforts to prevent the acceptance or forgiveness of plagiarism. It is essential to reinforce these teachings across the entire curriculum. Merely emphasizing these aspects in mandatory writing and introductory computer classes for all freshmen is not enough. Plagiarism must be consistently addressed in every class where students have to submit papers or create web pages or PowerPoint presentations.

The faculty and school need to be ready to enforce the student code of conduct on plagiarism and tackle the problem of easily accessible content online. It is probable that copyright laws cover audio, video, text, and images found on the Internet, even if they don't have a copyright notice.

Using any of these items incorrectly may lead to copyright infringement, unless the user can demonstrate protection under the fair use doctrine. It is reassuring to know that fair use is applicable online, as confirmed by court opinions. However, establishing fair use on the Internet may be more difficult than in traditional settings.

Consequently, it is advisable for users to request permission from the copyright holder whenever feasible.

In an academic setting, students need to understand that obtaining permission for fair use is typically easy. However, it's important to recognize that this protection may only apply within academia and not in a commercial context. What is considered fair use in the classroom might be seen as copyright infringement outside of academia. Even faculty members can encounter problems when making copies and relying on fair use.

The faculty must ensure that any copying is short and done promptly. [23] If materials are copied for a class, they should not be used for more than one semester without permission from the copyright owner. Even during the one semester of use, the copy should include a notice that it is copyrighted and state the copyright owner. The accessibility of information on the Internet, the ability to manipulate data with computers, and the evolving regulations on intellectual property have all made plagiarism easier to commit and harder to detect.

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