15 August 2013

Are You Copying Me?


So what exactly is the difference between plagiarism and copyright violation? Well to put it easily, the team at The Chinese University of Hong Kong have put it nicely in an easy-to-read table.
Essentially, they are quite different but very similar. In both cases, there has to be some recognition with the original author, but as the table shows, plagiarism deposits dishonesty – perhaps a person citing material and claiming as their own – whereas copyright “gives a copyright holder certain exclusive rights over the work, including, most famously, the exclusive right to copy the work” (Lessig 2006, p.171).

It’s becoming difficult to stumble upon something that is truly original anymore. A lot of people base their artistic merit or intellectual ideas off previous things that they have seen, read or even heard prior to completing their own work.  For example, “Igor Stravinsky once said, ‘a good composer does not imitate, he steals’” (McLeod 2007, p.75), and a case of that is Lily Allen’s “own success as a performing artist...due to her free distribution of copyright–infringing mix–tapes of other people’s music” (Martin, Moore & Salter 2010).

Now while it’s not necessarily stealing in every case, there are cases where it’s apparent.
Examples can include the following (that I have noticed):
Madonna - Hung Up (Official Music Video) by warnerbrosrecords
Madonna has used ABBA’s ‘Gimmie Gimmie Gimmie A Man After Midnight’ music for her own song:

ABBA Gimme Gimme Gimme Lyrics!! by ABBARecreation

You can note the same music at 28 seconds for Madonna, and at 17 seconds for ABBA's.

According to Wikipedia, Madonna “personally sought permission from ABBA songwriters Benny Andersson and Björn Ulvaeus” (2013).  So in this case, there was no copyright violation because she got the authorization.

I have a case of my own.
A while ago I was trying out new things with my camera and I ended up taking two photos to produce this:


Which was influenced by my cousin's photo:




 
A friend of mine then told me she had seen something like this a little while after I put the picture up, so of course I Googled to see what came up and I was surprised there were quite a few with the same idea:



But is this a form of copyright violation? Who came up with the original concept? Is it possible that more than one person can think of the same idea and present it the same way? I hadn’t seen what I did prior to doing it, but it appears it's out there.

 References

ABBA Gimme Gimme Gimme Lyrics!! 2007, YouTube, ABBARecreation, 26 October, retrieved 15 August 2013, <http://www.youtube.com/watch?v=p6-M63HVR2g>

Madonna - Hung Up (Official Music Video) 2009, YouTube, Warnerbrosrecords, 26 October, retrieved 15 August 2013, <http://www.youtube.com/watch?v=EDwb9jOVRtU>

Mark Kember 2013, ‘See Through’, retrieved 15 August 2013, <http://www.flickr.com/photos/m78kem/>

Martin, B, Moore, C and Salter, C. 2010, ‘Sharing music files: tactics of a challenge to the industry’, First Monday, vol. 15, no. 12,[available http://firstmonday.org/ojs/index.php/fm/article/view/2986/2680]

Maryanne_b, retrieved 15 August 2013, <http://www.flickr.com/photos/maryanne_b/page1/>

McLeod, K. 2007 Freedom of Expression®, the Book, Doubleday:  New York [available: http://www.freedomofexpression.us/documents/mcleod-freedomofexpression.pdf]

Lessig, L. 2006 Code v2.0, Basic Books: New York [available: http://www.codev2.cc/download+remix/Lessig-Codev2.pdf]

The Chinese University of Hong Kong, 2005, ‘Honesty in Academic Work: A Guide For Students And Teachers’, retrieved 8 August 2013 <http://www.cuhk.edu.hk/policy/academichonesty/p04.htm>

VBphotography 2011, ‘Experimental Photography', retrieved 15 August 2013, <http://vbphotography-experimentalphotography.blogspot.com.au/2011/02/experimenting-with-photoshop.html>

Wikipedia 2013, 'Hung Up', retrieved 15 August 2013, <http://en.wikipedia.org/wiki/Hung_Up>

4 comments:

  1. Nice post! I liked the table from the Chinese University of Hong Kong you provided, as it gives a very clear example of the differences between plagiarism and copyright. I also found the point you made about it being difficult to find anything truly original anymore, interesting. Your photography anecdote was a great example to back this up. I often wonder, in cases like that, if we subconsciously know that we are being influenced by other sources but we cannot recognize it. Overall, a really good job and great use of references.

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  2. Hello, I think the examples you have used here are well suited to the topic this week. It is amazing with the Madonna and Abba songs how they are exactly the same, something I had never picked up on. In fact, it made me think about a lot of the music today and how so much out there comes from a 'sample' of an older song.

    I think the quotes you used related well to your post and the idea that it is difficult to find something "truly original anymore" struck a cord in me too. Your examples that you have used in relation to your own photography really demonstrate this idea, and made me realise that I have seen many things like this before too and wondered the same thing.

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  3. A great post with some great points made. I really liked the points you made in regards to authenticity, and believe that as a creative, it's sometimes difficult to differentiate yourself from other artists in your field. I too dabble in the world of photography and am constantly exploring and experimenting with various techniques to develop new ideas. I have learnt that engaging in creative practices is all about innovation. We are forever referencing other peoples ideas whether that be consciously or subconsciously. In my opinion, it is very much possible for numerous individuals to come up with similar ideas and present them in the same way. I think the highly saturated, technological and visual world we now live in plays a substantial part in this.

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  4. What an entertaining piece! Thank you for sharing. I really liked your use of video and photography to make your point, and I found your examples so relevant.
    Its actually a common thought I have these days… Did I think of that myself, or did I hear, read or see it somewhere in my travels? So interesting! With the internet encroaching on such a large portion of our lives, it is sometimes impossible to remember exactly where we saw or heard something before. But like the example of your photo, I truly believe that 2 people can have the same thought, or create the same thing at different times, and in different places. And while reading your blog, it occurred to me that, what the internet allows us to do, is reach across the globe and uncover the many similarities we share with all of humanity. Great job. Cheers,

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