As the current case shows with Defence Minister Karl-Theodor zu Guttenberg, politicians are not immune to plagiarism accusations. If you are caught plagiarizing in this frequently have serious consequences. These range from claims of the author copied on the withdrawal of the academic title to the conviction for copyright infringement. Because of the Internet made easily accessible texts already piling up at universities, the plagiarism incidents. Annoying research and poor time management often lead to the complete takeover of a foreign passage without source display. On demand is then argued just that they had even forgotten the source. But just for a student it's often not just a bad exam assessment, but a punishment in the form of de-registration. If the plagiarism discovered after award of an academic title, it can be withdrawn from the university even again.
plagiarism is becoming today's norm.
What is plagiarism?
There is no legal definition of this term does not exist. There is agreement, however, the extent that it is to see the deliberate and illegal adoption of foreign ideas without mentioning the source.
Therefore, initially on a copyright infringement. In § 2 UrhG (Copyright Act) provides that personal intellectual creations in the arts, literature and science are protected. This affects not only the entire text, but also individual phrases, sentence structure and everything that reflects the individuality of the written work. The individual text, then, is more worthy of protection is within the meaning of the Copyright Act.
definition the unconscious borrowing or to quote without a source
to be distinguished from a plagiarism is especially the unconscious borrowing and without quoting the source: is an unconscious borrowing
presumed if inadvertently used copyrighted material. These are initially no plagiarism, because the person did not known is that someone has copied it without permission. She reads a work that is not the word for word in the memory, but is stored in the subconscious. Writes them on a similar theme to the work, the previously read often appears as a separate idea.
Does the author of a use of his work not later, so will the borrowing of copyright infringement. Is relevant for this, however, that the passages represent acquired for himself an intellectual creation, and therefore enjoy copyright protection have (LG München I, Judgement of 15.11.2006, Az: 21 O 22557/05).
example
original: "When Sight of the hallway like some people think: I think I get up in the closet "(anwalt.de / WEL, lumber room staircase http://www.anwalt.de/rechtstipps/rumpelkammer-treppenhaus_016188.html, 23/02/2011)
borrowing: I am comfortable in the store! This may be for many the first impression on entering a hallway.
Cited
a foreign text and the author forgets negligence of the source, so yet there is a copyright violation. This is because the quote under those circumstances no longer recognizable as such, provided that no work is done with various markings. Furthermore, the plagiarist could out easily persuaded by the argument, he have unintended and once the source is forgotten in his quote. Because it is often very difficult, the plagiarist will prove even more intent.
is not always infringe the copyright
free works are not protected by the Copyright Act, the author of the text should therefore not be mentioned. are of great importance especially in § 5 UrhG I mentioned court decisions, laws and regulations. The purpose is that the public be informed about the law and recent court decisions and information gathering should therefore be made accessible to everyone.
also works that are published for general information be, are not protected. Decisive here is the interest of the authority that the information is released to everyone so that the public can react more quickly, for example, due to a threat after extensive reconnaissance (BGH, Judgement of 20.07.2006, Case No.: I ZR 185/03). These include, inter alia, official expert opinion.
The free use of works, copyright protection is indeed given, but allows for limited use anyway. Worth mentioning here is the free use pursuant to § 24 UrhG. The used text is to be regarded merely as an inspiration for the newly created and independent work. The nature of both texts is completely different Nature. Had been writing about the same issue of copyright infringement, neither research nor a further exchange of information or a further development of different trains of thought were possible.
is increasingly used during the study copies
who has been enrolled in school are not already in an unexpected impromptu task by the people next? Unfortunately, this is still in the study practiced in domestic work, as it was just simply faster to getting a take on the internet or the library found text unchanged.
purpose of domestic and theses and dissertations, however, provide the ability to demonstrate independently and responsibly to identify problems and then work out a solution. With the naked copying existing texts, the actual research is neglected completely.
quote properly to be learned!
There are several ways you can quote someone else's text, the most important of which are mentioned briefly below.
downward for a literal quote to put this in quotes and make sure that the text literally takes over, even if you have noticed a typographical error.
About Taking only the contents of a text without using the same formulations, there is an indirect quote. It is underlined indirect speech or phrases such as "the view of (author)" or "see (Author) ".
must never, however, the footnote indicating the author, work title and page number in mind, as might occur in spite of quotes or indirect speech, the risk of plagiarism accusations.
To quote a source from the Internet, you should give author, title, year, URL and retrieval date.
More and more universities are using for some time so-called anti-plagiarism software in which the student sent the work is compared with texts from the Internet. One should not take any chances and abide by the citation given, because the consequences after the discovery of plagiarism can be severe.
The piracy has far-reaching consequences
Basics
the plagiarism at the same time also constitutes an infringement of copyright under the Copyright Act to regulate the Copyright Act § § 97 ff of the civil rights of the author.
to call is above all the failure, removal and compensation according to § 97 UrhG.
The plagiarism can also have criminal consequences. The in § § 106 ff UrhG made punishable acts can only be pursued if the Copyright Act § 109 to a criminal complaint is made by the author or the prosecutor comes to the conclusion that an intervention required.
It 's going to at least several years of imprisonment or a fine.
apply to the university, the "house" rules
already at school you got a "six", if one was caught while copying. In the study of appropriate exams and papers are measured inadequately. have been
Should this be the only consequence to the student can appreciate even more happy. Because each university shall adopt its own examination regulations. So assessed, the University of Bayreuth for a job as "failed" if the result was influenced by the student. A replay will but its still possible. Unlike the Ludwig-Maximilians University in Munich: likely, in serious cases or when a new "fraud" must be the student with the exclusion of specific tests or even the de-registration. Still other colleges evaluate not only plagiarized part of a work and awarded points are deducted for an overall score for misrepresentation.
someone write a dissertation in whole passages verbatim from conscious, without naming the author, then there is deception, resulting in the revocation of academic titles (Berlin Administrative Court, Judgement of 25/06/2009, Case No.: 3 A 319.05).
requirement is an authorization for this purpose in the promotion order the respective university. In case of suspicion of plagiarism of the doctoral committee of the university concerned shall be informed that checks the work and, if qualified as plagiarism. Irrelevant is whether the doctor would work without plagiarism still assessed as "satisfactory" because the plagiarist was mistaken about his ability to work scientifically (VGH Baden-Württemberg, Order of 13.10.2008, Az: 9 S 494/08).
Often the university can claim back but only within certain time limits, the issued certificates. If a plagiarism discovered after the university maintaining the statutory period, it may no longer be withdrawn Ph.D. be.
On the other hand, a convicted plagiarist the title does not return voluntarily, since only the Promotion Committee for the award and redemption of certificates and promotion of responsible order does not provide for this procedure.
This is always use the version that was at the time of submission of the thesis valid.
For the University of Bayreuth, this means, for example, that may be withdrawn in 2006 for a thesis within five years, only the title.
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