Presented by Blake Clinton Y.

Dy

COPYRIGHT INFRINGEMENT VS.

PLAGIARISM
COPYRIGHT INFRINGEMENT
 Copyright Infringement is the unauthorized or prohibited use of works under
copyright, infringing the copyright holder's exclusive rights, such as the right to
reproduce or perform the copyrighted work, or to make derivative works.
 In relation to the Intellectual Property Code;
 Violation of Economic Rights (Chapter 5)
 Violation of Moral Rights (Chapter 10)
 Commission of acts not protected by the Limitations on Copyright (Chapter 8).
 Is an offense with penal and civil penalties provided for in local law and
mandated by international treaties.
PLAGIARISM
 Plagiarism is defined as "the wrongful appropriation, close imitation, or
purloining and publication, of another author's language, thoughts, ideas, or
expressions, and the representation of them as one's own original work. (Oxford
English Dictionary)
 Is presently an ethical offense of a factual nature not punishable by law or for
which damages may be sought.
 An issue primarily relegated to the academe and artistic community.
PLAGIARISM ACCORDING TO
THE SUPREME COURT (A.M. NO. 10-7-17-SC)
 Indeed, the 8th edition of Black’s Law Dictionary defines plagiarism as the
"deliberate and knowing presentation of another person's original ideas or
creative expressions as one's own.“ Thus, plagiarism presupposes intent and a
deliberate, conscious effort to steal another’s work and pass it off as one’s own.
 Plagiarism is essentially a form of fraud where intent to deceive is inherent. Their
[petitioner’s] theory provides no room for errors in research, an unrealistic
position considering that there is hardly any substantial written work in any field
of discipline that is free of any mistake. The theory places an automatic universal
curse even on errors that, as in this case, have reasonable and logical
explanations.
 Besides, the Court said nothing in U.P. Board of Regents that would indicate that
an intent to pass off another’s work as one’s own is not required in plagiarism.
The Court merely affirmed the academic freedom of a university to withdraw a
master’s degree that a student obtained based on evidence that she
misappropriated the work of others, passing them off as her own. This is not the
case here since, as already stated, Justice Del Castillo actually imputed the
borrowed passages to others
ADDITIONAL NOTES
 Presently Justice Del Castillo is facing a complaint in the House Justice
Committee to which plagiarism is being cited as a specie of Betrayal of Public
Trust which is grounds for impeachment under the Constitution. The exact
meaning of "other high crimes or betrayal of public trust" as an impeachable
offense is still undefined. The framers of the Constitution put impeachment into
the hands of the legislative branch and transformed it from a matter of legal
definition to a matter of political judgment. Hence, the definition of an
impeachable offense depends on the majority of the House of Representatives
considers it to be a given moment in history. (1999, De Leon)
 While the academic publishing model is based on the originality of the writer’s
thesis, the judicial system is based on the doctrine of stare decisis, which
encourages courts to cite historical legal data, precedents, and related studies in
their decisions. The judge is not expected to produce original scholarship in
every respect. The strength of a decision lies in the soundness and general
acceptance of the precedents and long held legal opinions it draws from.
 COPYRIGHT INFRINGEMENT PLAGIARISM

 There is Copyright Infringement because  There is plagiarism because sections for

sections of the former’s work were lifted by the former’s work were copied by the latter
the latter and were sold for profit. without attribution.
 For there to have been Copyright  Prior to AM-10-7-17-SC. intent was
Infringement mere copying is not enough immaterial. Mere copying and
rather there should’ve been a deliberately appropriation of a given work was
injurious effect to the original author. evidence enough of guilt.
 Guilt can be inferred from acts indicative of
Bad Faith on the part of the accused.

HABANA VS. ROBLES

THE END