FAQs: plagiarism, citation and acknowledging moral rights.

Plagiarism means taking another person’s ideas and concepts, or their expression, without giving credit to that person. This is not the same as infringement of copyright. Plagiarism would only constitute infringement if the amount taken was regarded at law as being 'substantial'. Plagiarism is considered a breach of University policy and is bad academic practice.

• Learning Support Unit: more information on plagiarism
• Monash University’s Plagiarism policy and procedures

Copyright does not protect ideas - only the material expression of ideas. Plagiarism concerns presenting or claiming someone else's ideas as though they are wholly your own. It is not the same as infringement of copyright. Plagiarism would only constitute infringement if the amount taken and presented in materials form was regarded in a legal case as being 'substantial'. There is some overlap with moral rights where the plagiarist takes the form in which the idea is expressed and copies that without citing the original author/s. This could be a breach of the moral right of attribution, as well as an act of plagiarism.

Every time you use, copy or quote from another source you need to cite where you obtained that information from. Even if you change the source material, for example put a quote in your own words, make changes to a photo or update a diagram you need to cite the original source.

• Learning Support Unit: citation guidelines

Each department and faculty will have their own preference as to how you cite material. Check with faculty and departmental staff about what style is used.

• Library online tutorial on citing and referencing

Australian copyright law recognises three types of moral rights:

• The right of attribution (to be acknowledged as the creator/s of a work).
• The right against false attribution (people are not to be identified as the author/s of a work that they did not create)
• The right of integrity (work cannot be treated in a derogatory fashion, that would damage the author/s honour or reputation)

Moral rights are non-economic rights and cannot be sold or assigned. Even when rights comprised in the copyright, such as the right to reproduce the work, have been transferred to another owner, the moral rights relating to the work remain with the original author/s or creator/s. Moral rights are personal rights. Corporations or organisations, such as Monash University do not have moral rights.

The right of attribution is the right to be acknowledged as the creator/s of a work. It means citing the author, painter, composer, scriptwriter, photographer, artist etc of a work.

The right of integrity means the right of the creator/s not to have their work treated in a derogatory or demeaning way, such that it would damage their honour or reputation.

Derogatory treatment means changing or reproducing the original creators work in some way that would cause harm to the creators honour or reputation.

Reasonableness means that in the circumstances of the particular case it is reasonable to treat the work in a derogatory fashion. Factors that a court would consider as to whether conduct was reasonable are:

• The nature of the work
• The purpose, manner and context in which it was used
• Industry practice relevant to the use of the work
• Any voluntary code of practice in the industry
• Whether the work was created by an employee or under a contract of service and
• The opinions of multiple authors about the actions