Re: Re: Re: Acknowledging samples

sloppy on my part. the fraud is in deceiving others into thinking they are yours. that would be in play here.

  it is not passing off in this particular example. passing off is taking something of yours (or of someone else's, e.g., an imitation rolex) and passing it off as the real thing.

you could also run afoul of various trade deception laws -- representing something as your original work when it is not -- sort of a reverse passing off, perhaps.

Steve

On Sep 20, 2006, at 1:05 PM, Wallace J.McLean wrote:

>
>>> If I take a bunch of sonnets by Dryden, Shakespeare, Donne,
>> Owen, and
>>> others, and publish them in a chapbook, under my name, as if I were
>>> the poet, I have committed plagiarism. Really stupid plagiarism.
>>> Really, spectacularly stupid plagiarism. But I have done nothing
>>> illegal.
>>
>> Well, not quite. Passing off and fraud are illegal so you may have
>> done something illegal. But you haven't violated copyright law.
>
>
> Where's the "passing off"?
>
> What's the fraud?
>
>
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> To resume mail list message delivery from postpone mode, E-mail to
> <CNI-COPYRIGHT-feed[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at <https://
> mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                         http://iipsj.com/SDJ/

"Nonviolence means avoiding not only external physical violence but  
also internal violence of spirit. You not only refuse to shoot a man,  
but you refuse to hate him."

Martin Luther King, Jr.