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Plagiarism is Not a Crime

40 Pages Posted: 21 Mar 2016  

Brian L. Frye

University of Kentucky - College of Law

Date Written: March 20, 2016

Abstract

Copyright infringement and plagiarism are related but distinct concepts. Copyright prohibits certain uses of original works of authorship without permission. Plagiarism norms prohibit copying certain expressions, facts, and ideas without attribution. The prevailing theory of copyright is the economic theory, which holds that copyright is justified because it is economically efficient. This article considers whether academic plagiarism norms are economically efficient. It concludes that academic plagiarism norms prohibiting non-copyright infringing plagiarism are not efficient and should be ignored.

Keywords: copyright, plagiarism, efficiency, norms, idea/expression dichotomy

Suggested Citation

Frye, Brian L., Plagiarism is Not a Crime (March 20, 2016). Duquesne University Law Review, Vol. 54, No. 133, 2016. Available at SSRN: https://ssrn.com/abstract=2752139

Brian Frye (Contact Author)

University of Kentucky - College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

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