Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: Is this plagiarism and/or theft of intellectual property?  (Read 729 times)

lawl1231

  • Newbie
  • *
  • Posts: 4
    • View Profile

Video here:
Sorry I can't post links yet but if you're willing to just type into youtube you'll find it, type:" BITE SIZE VEGAN PLAGIARIZING FELLOW VEGAN ACTIVIST "   video by thevegancheetah

Some are claiming that Bite size vegan (Emily) is committing plagiarism and/or theft of intellectual property from Erin's video and possibly also the sources of info besides Erin's video. Specifically because it's quite obvious that Emily watched Erin's video and followed the same flow/storyline and bullet points with similar wording. However, similar wording and sequence is also found in online articles about wool such as here

can't post link, just google  "veganpeace wool"
which is obviously where both Emily and Erin got a lot of their information from.
 
Erin's video cites video sources and gives a link to her webpage which lists more sources.
Here is Erin's original video: type into youtube " The Wool Industry EXPOSED (What They Don't Want You To Know) ", video by Erin Janus.

Here is Emily's original video which I don't think cites any references in the description or has a link to where citations can be found.
type into youtube " Why Wool Is BAAAD! [For Kids!] " video by bite size vegan.

Even if Emily were to admit that she followed Erin's video format and wording without citing her (or the webpages she got her info from), would that be illegal? Fair use?

Note that Emily (and probably Erin) make money from AD views of these videos and Emily gets support donations. Also note that Emily first made a video on wool before Erin made her video and covered many of the same points. So, Emily first made a video, then Erin (which is compared in the video linked) and the latest video was from Emily is her second video on wool (also compared in the video).


Others are claiming that Emily didn't do anything wrong because she didn't have to reference Erin (or any other sources) for her info because these are common knowledge facts because they are not proprietary to only once source, and also therefore does not matter whether they're arranged in a strikingly similar sequence or wording to Erin's video.


If Emily did no wrong, could this be considered slander from the guy vegan Cheetah who uploaded this video?

I realize there's sometimes not a clear line in cases like this, so please only respond if you are sure of the laws. Or is this likely a case that would have to go to trial and be settled by the random opinions of a jury of 12 people? If so, how do you think that case would turn out? Thank you.
Logged

MYK

  • Lead Member
  • *****
  • Posts: 3944
    • View Profile
Re: Is this plagiarism and/or theft of intellectual property?
« Reply #1 on: 01-18-17 at 07:13 am »

This sounds a lot like school homework, which you should do on your own or with your study group. . . .
Logged
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

lawl1231

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Is this plagiarism and/or theft of intellectual property?
« Reply #2 on: 01-18-17 at 08:04 am »

nah , not school work. Sorry I can't post links. If you find those videos, everyone's debating if it's plagiarism or not. figured I'd ask here to be certain.
Logged

MYK

  • Lead Member
  • *****
  • Posts: 3944
    • View Profile
Re: Is this plagiarism and/or theft of intellectual property?
« Reply #3 on: 01-18-17 at 08:53 am »

If Emily did a video first, then she couldn't be "plagiarizing" Erin with it.  You've already stated that both are just using "common knowledge".  Erin could be "plagiarizing" Emily's first video, or Emily could be "plagiarizing" Erin's video with Emily's second video.  But "plagiarism" is more of an academic or journalistic issue than a legal one.

In legal terms, the question is whether one party committed copyright infringement against the other.  Unless specific text was copied (or chord sequences, or portions of images, or ...), it generally isn't infringement to discuss similar facts.  It starts to get very murky when looking beyond that to decide whether one creative work borrowed so substantially from another that it actually was infringing.

This is why, unfortunately, places like Google News have become overrun with really crappy "news aggregator" sites that wait for popular science articles to get published (e.g., practically anything on the recent EM drive studies) and then rush out barely-literate summaries of them.

There are several other recent threads that have relevant discussions of similar issues, such as this one:

http://www.intelproplaw.com/ip_forum/index.php/topic,29468.0.html

If you want a detailed analysis of whether one video infringes another, you'll need to hire an attorney to give you legal advice upon which you can rely.
Logged
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

lawl1231

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Is this plagiarism and/or theft of intellectual property?
« Reply #4 on: 01-18-17 at 04:33 pm »

thanks for your reply.
Basically solved this situation. More info here: same thread different forum
ah the 'can't post links yet thing". Well, you'd have to search "Plagiarism vs. Copyright Violations" thread on Expertlaw forum.
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.101 seconds with 20 queries.