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Plagiarism end of the Road?

The most common key that we use or strike our mind , if we ask to do or plan to write an article Crtl A and Crtl C without realizing the consequences soon to face by the doer. The Indian Copyright Act 1957 and recent University Grant Commission specific notification to enhance Academic integrity among the students issued guideline to avoid Plagiarism in academic writing . Its must be earth shattering news.

This article is to analyse the recent notification issued by the UGC and how the Indian legislation protect copy right owners to the fullest.

Ignorance of law excuses no one -Ignorantia Juris Non Excusat

Every individual sometimes prompted to chose the easy way to retrieve any information from the cyber world forget to understand about the legal repercussions to face later for their act.

Law clearly say ignorance of law excuses no one , hence its like copying the information by the user without giving any Credit to the author sooner or later to face legal action.

As per section 13 of the The Indian Copy right act 19571 describe Works under which copyright subsists. (1)Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-

(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) [sound recording].

(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,—

(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;

(ii) in the case of an unpublished work other than a [work of architecture], the author is at the date of the making of the work a citizen of India or domiciled in India; and

(iii) in the case of 2[work of architecture], the work is located in India.

Explanation.- In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist-
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any [sound recording] made in respect of a literary, dramatic or musical work, if in making the [sound recording], copyright in such work has been infringed.


(4) The copyright in a cinematograph film or a 1[sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the [sound recording] is made.

(5) In the case of [work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.

The Copy right Act 1957 protect the authors who earns their the living by writing book, articles are protected from the monetary loss.

Hit the right note -Ab Initio
Research paper publication is mandatory for obtaining the masters degree as per policy of Higher educational Institutions . Recent RTI -CIC/MP/C/2015/000281 Prashant Kumar Sinha v. PIO, Indian Statistical Institutefiled in the central information commission throws light about rampant plagiarism existence in the higher education.

Urgent need of steps to take to stop and promote academic excellence UGC issued the below

Notification describe the preventive measures to stop plagiarism.
university grants commission (promotion of academic integrity and prevention of plagiarism in higher educational institutions) regulations, 2018

Technology to assist Author
It is First time to use software to detect plagiarism and to put stop at the initial stage andintroduced percentage of level plagiarism be classified to face penalty below details as follows.

Levels of Plagiarism
Plagiarism would be quantified into following levels in ascending order of severity for the purpose of its definition:
i. Level 0: Similarities upto 10% - Minor similarities, no penalty
ii. Level 1: Similarities above 10% to 40%
iii. Level 2: Similarities above 40% to 60%
iv. Level 3: Similarities above 60%

Penalties in case of plagiarism in submission of thesis and dissertations Institutional Academic Integrity Panel (IAIP) shall impose penalty considering the severity of the Plagiarism.

i. Level 0: Similarities upto 10% - Minor Similarities, no penalty.
ii. Level 1: Similarities above 10% to 40% - Such student shall be asked to submit a revised script within a stipulated time period not exceeding 6 months.
iii. Level 2: Similarities above 40% to 60% - Such student shall be debarred from submitting a revised script for a period of one year.
iv. Level 3: Similarities above 60% -Such student registration for that programme shall be cancelled.

Note1: Penalty on repeated plagiarism- Such student shall be punished for the plagiarism of one level higher than the previous level committed by him/her. In case where plagiarism of highest level is committed then the punishment for the same shall be operative.

Note2: Penalty in case where the degree/credit has already been obtained - If plagiarism is proved on a date later than the date of award of degree or credit as the case may be then his/her degree or credit shall be put in abeyance for a period recommended by the IAIP and approved by the Head of the Institution.

12.2 Penaltiesin case of plagiarism in academic and research publications

I. Level 0: Similarities up to 10% - Minor similarities, no penalty.

II. Level 1: Similarities above 10% to 40%
i) Shall be asked to withdraw manuscript.

III. Level 2:Similarities above 40% to 60%
i) Shall be asked to withdraw manuscript.
ii) Shall be denied a right to one annual increment.
iii) Shall not be allowed to be a supervisor to any new Master’s, M.Phil., Ph.D. Student/scholar for a period of two years.

IV. Level 3: Similarities above 60%
i) Shall be asked to withdraw manuscript.
ii) Shall be denied a right to two successive annual increments.
iii) Shall not be allowed to be a supervisor to any new Master’s, M.Phil., Ph.D. Student/scholar for a period of three years.

Note 1: Penalty on repeated plagiarism - Shall be asked to withdraw manuscript and shall be punished for the plagiarism of one level higher than the lower level committed by him/her. In case where plagiarism of highest level is committed then the punishment for the same shall be operative. In case level 3 offence is repeated then the disciplinary action including suspension/termination as per service rules shall be taken by the HEI.

Note 2: Penalty in case where the benefit or credit has already been obtained - If plagiarism is proved on a date later than the date of benefit or credit obtained as the case may be then his/her benefit or credit shall be put in abeyance for a period recommended by IAIP and approved by the Head of the Institution.

Note 3: HEIs shall create a mechanism so as to ensure that each of the paper publication/thesis/dissertation by the student, faculty, researcheror staff of the HEI is checked for plagiarism at the time of forwarding/submission.

Note 4: If there is any complaint of plagiarism against the Head of an HEI, a suitable action, in line with these regulations, shall be taken by the Controlling Authority of the HEI.

Note 5: If there is any complaint of plagiarism against the Head of Department/Authorities at the institutional level, a suitable action, in line with these regulations, shall be recommended by the IAIP and approved by the Competent Authority.

Note 6: If there is any complaint of plagiarism against any member of DAIP or IAIP, then such member shall excuse himself / herself from the meeting(s) where his/her case is being discussed/investigated.

Conclusion
Its a huge step forward legally by setting up separate department Institutional Academic Integrity Panel by the Higher education institution to monitor and levy penalty for any plagiarism publication at the entry level which will let any body to think again , need to copy without credit to the original author , if so violators to face monetary and legal repercussion in the court of law.


Every Individual who wants to be an author should in keep in mind the below Quotes,

"Borrowed thoughts, like borrowed money, only show the poverty of the borrower."- LadyMarguerite Blessington,

References
# Section 13 of the The Indian Copy right act 1957
# 2-Central Information commision -CIC/MP/C/2015/000281
# Prashant Kumar Sinha v. PIO, Indian Statistical Institute
# 3-University grants commission notification university grants commission (promotion of academic integrity and prevention of plagiarism in higher educational institutions) regulations, 2018 New Delhi, the 23rd july, 2018
f. 1-18/2010(cpp-ii)

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