Re: Acknowledging samples

From: Steven Jamar <stevenjamar[_at_]gmail.com>
Date: Tue, 19 Sep 2006 15:15:31 -0400

On Sep 18, 2006, at 12:45 PM, Joseph Pietro Riolo wrote:

>> M
>> ore
>> scholarly argumentation would then ask if it is plagiarism?
>
> Whatever the academia thinks has no relevance to the
> copyright law. If the choir was not doing the song for
> course credit, there is no plagiarism. The rules
> created by the academia for plagiarism are driven by
> the mythical, romantic concept of author (where author
> is seen as a god that creates new works out of nothing
> and must be treated with high reverence) and very huge
> egoism.

Hmmm. I thought giving attribution was simple courtesy. And plagiarism does count in the world outside of academia, though not quite so rigorously, except in the press, perhaps. Some are indeed driven by ego. I confess to liking seeing my work credited.
>
>> More
>> religious connotations would ask why a 'Christian' artist wouldn't
>> give
>> credit anyway too I guess.
>
> Where in the Scriptures does it require a believer
> to give attribution? It is a man-made rule invented
> by the believers to impose the burden on the people
> to provide attribution.

At least a few of us consider giving credit where credit is due, especially for hard work and creative activity, to be an aspect of honesty and integrity. Last I looked those were at least Biblical values, and even scriptural. Didn't Jesus usually give credit when he quoted the prophets?

> Secondly, most of them are
> hypocritical where they say that they want attribution
> to their works but they never give attribution to the
> sources that they used to create their own works.

Wow! This is not true in my experience.

> Thirdly, the requirement to give attribution is contrary
> to the spirit of "freely received, freely give". I would
> go on and on but like the above, whatever they think
> has no relevance to the copyright law.

Well, academics have had an impact on the development of copyright so what they think may indeed have some relevance. But I assume you are highlighting the distinction between plagiarism and copyright here.

Note that the law also frowns upon fraud and passing off and reverse passing off, even if not a matter for copyright.

Steve "The Academic" Jamar

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
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Received on Tue Sep 19 2006 - 23:15:31 GMT

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