What does it mean when you are tasked to write an original story about a certain topic for an English essay?
The Cambridge Dictionary defines original as “not the same as anything or anyone else and therefore special and interesting”. It is also explained that an original piece of work, such as a painting or drawing, is produced by the artist or writer and is not a copy.
Why is ‘being original’ important?
‘Being original’ is important because it is a form of respect to others and to yourself. When you produce an original work, you are able to truly take pride in the work that you have produced according to your own effort and ability. When you have the integrity to acknowledge other people’s research, effort and work, you are respecting other people as well.
As intellectual property (IP) infringements can happen in any contexts – schools and various work industries, there is a need to protect it. Intellectual Property Office of Singapore (IPSOS) explains that IP refers to creations of the mind in tangible forms, for example, inventions, works of art, computer programmes and logos. Intellectual Property (IP) rights protect original creations and ideas. These can be protected by law through various ways such as trademarks, patents, designs and copyright.
Here are some terms that are commonly used when discussing about IP.
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Terms |
Definitions |
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Copyright |
Copyright prevents others from distributing, re-creating, adapting or making copies of any original work or recording which is created by you without consent.
The copyright or © symbol is merely a notice by the owner that copyright exists. In practice, the symbol is usually followed by the year when a copy of the work was first made available and the name of the copyright owner.
You will notice that books, musical works and artistic works are protected by copyright laws.
Flip to the first few pages of any book and you can take a look at the copyright notice.
Here is a link that explains more about each part of a copyright notice: https://www.termsfeed.com/blog/sample-copyright-notices/
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Trademark
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Trademarks are usually used to protect cover signs, such as logos and brand names. The purpose of a registered trademark is to protect words, phrases and logos that are used to represent a specific business or firm selling products or providing services. For example, we know that the famous golden arches that represent Macdonald’s are trademarked because of the symbol ®.
Image credits: https://blog.logomyway.com/mcdonalds-logo-history/ If someone mentions the slogan, ‘Finger Lickin’ Good’, which fast food restaurant comes to mind? If you are thinking about Kentucky Fried Chicken (KFC), then you are right! To protect the company, the company’s name and slogan are trademarked so that their competitors are unable to use similar-sounding branding to promote their company. However, if any company foolishly does that, it will definitely mean an inevitable lawsuit.
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Plagiarism
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Plagiarism refers to submitting a piece of work that is copied from another source and not giving proper credit of the original source of the idea or information. This usually happens when someone copies and pastes paragraphs, or even the whole page of an article without rephrasing and fails to state where he retrieved the information from.
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Here are some examples of some IP infringement cases that happened.
Case 1:
Artist Gemma Correll stated that her illustrations resembled Sir Antonio, a cat mascot and brand used to represent a café in Singapore. The artist also added that many of her illustrations were changed slightly and then used by the café owners from The Tiramisu Hero. She was very disappointed by this act of ‘stealing’. Artistic expression is a unique form of creative outlet for artists. One can be inspired by works of the artists but where do they draw the line?
Image credits: https://www.instagram.com/gemmacorrell/
On the Facebook page of The Tiramisu Hero, the owners stated that, “The artwork produced in the early years of our business was indeed heavily inspired by the creations of Gemma Correll.” They also added that “We now know that this was not right, even in study of discovering our own illustration style. We are truly deeply sorry and regretful towards Gemma and her fans. We hold Gemma in high regard and had absolutely no intention of reproducing her drawings directly, nor to wrongfully pass off her work as our own. It was a huge oversight on our part for not informing Gemma at the very start, to let her know that her work had inspired us and that we were referencing it while learning to draw. We have since reached out to Gemma to extend our grave apologies.” Despite the apologies, Gemma was still remained displeased by the act of plagiarism.
Any design or illustration of logo or symbol is the designer’s original creative work and it should not be used freely without permission (even if it is available freely online). If you have been heavily inspired by a certain artist, always remember to seek permission and give credit where credit is due. You have to make significant transformations and include sufficient original input to the work in order to call the work your own.
Case 2:
The process of writing and publishing a book requires considerable effort. It takes careful planning; from the selection of relevant information, the aesthetics and layout of pictures to the selection of words. Sharon Wee is the original author of the cookbook and memoir, Growing Up in a Nyonya Kitchen, written in 2012. She is the creator of the book.Just imagine her dismay and agony when she realised that her life stories, her mother’s recipes that she had recorded so carefully and the precious conversations with her relatives and family members were paraphrased, and then published by Elizabeth Haigh without her permission!
Image credits: https://www.plagiarismtoday.com/2021/10/13/the-elizabeth-haigh-cookbook-plagiarism-scandal/
Image credits: https://www.instagram.com/p/CUrwpENpCAv/
How would you feel if the work that you have put in so much effort in creating (whether it is a comic/picture which you have spent hours drawing and designing, a song that you have composed or a story which you have written) was copied by someone else? What if the person claimed your work and even made a profit by selling your work? Sadly, there are dishonest people who will commit such theft and therefore IP laws are to protect the original creators.
Consequences: What happens when someone has infringed a copyright?
IPOS explains that an infringement occurs “when a substantial amount of the original work, quality-wise, has been copied and/or when one deals commercially with infringing copies” For example, if a person:
- imports infringing copies for sale of distribution
- makes available infringing copies for sale or rent, that disadvantages the owner
- offers infringing copies for sale or hire by way of trade
There are several actions that can be taken against the person who has infringed a copyright. If you wish to find out more, visit: https://www.ipos.gov.sg/about-ip/copyright/infringement-enforcement
What if I commit plagiarism? How will anyone know?
Plagiarism is akin to cheating and is an act of academic dishonesty.
Teachers can do a simple search on the Internet or upload an assignment through plagiarism checker tools to check for traces of plagiarism. In tertiary education, it is common for students to upload their assignments online and a plagiarism checker will check if any parts of the assignment has been plagiarised. Schools take serious disciplinary actions with regard to academic dishonesty.
More information on the consequences of plagiarism can be found here:
- https://www1.np.edu.sg/clte/antiplagiarism/policy.htm
- https://www.sp.edu.sg/sp/student-services/osc-overview/student-handbook/intellectual-property-copyright-and-plagiarism
- https://www.nus.edu.sg/celc/programmes/plagiarism.html
Therefore, it is very important to use information from other sources ethically and the key is to avoid plagiarism. Clarify with your teachers if you are unsure what plagiarism means, and remember to always cite your sources clearly.
Some people believe that “copying a form of flattery”.
How far do you agree with this opinion?
Sources:
- https://www.ipos.gov.sg/about-ip/copyright
- https://www.plagiarism.org/article/what-is-plagiarism
- https://www.plagiarismtoday.com/2021/10/13/the-elizabeth-haigh-cookbook-plagiarism-scandal/
- https://mothership.sg/2019/02/tiramisu-hero-copy-artwork-gemma-correll/
- https://www.nylon.com.sg/2021/07/local-cafe-the-tiramisu-hero-finally-emerges-victorious-after-3-year-long-copyright-battle/
Possible copyright infringement case over National Day song
https://www.youtube.com/watch?v=zvJJogv8p3Q (3.25 mins)
Billboard Explains Why Taylor Swift is Re-Recording Her First Six Albums
https://www.youtube.com/watch?v=phJQWusDOAo (3.04 mins)
Intellectual Property: What is Music Copyright?
https://www.youtube.com/watch?v=B7a6XPiHqrc (2.18 mins)
