Still following the post above chek below a recent paper
"In the academic context, plagiarism
is usually seen as an ethical offence, the boundaries and definition of which
are often unclear. However, in some countries, plagiarism is also a legal wrong, amounting
to copyright infringement. This article proposes a test for assessing plagiarism of academic
works. The
test is based on the law and jurisprudence of a particular country – Portugal –
, where plagiarism is framed as copyright infringement. Article 196
of the Portuguese Copyright Law sets four elements that must be fulfilled for a
finding of plagiarism: there must be a protected work; the alleged
plagiarist must have used a partial or total reproduction of that work; the
alleged plagiarist must have failed to attribute the authorship of the work to
its rightful creator; and the work of the alleged plagiarist must lack its own
individuality. The authors argue that, even if the law of a particular country
does not frame plagiarism as a legal offence, these elements should be part of
a test to be adopted and applied by academic institutions for the sake of legal
certainty"
