Take It From a Lawyer: What Writers Need to Know About Public Domain and Plagiarism

Disclaimer: The information provided in this article is for informational purposes only and is not legal advice. This article is meant to highlight best practices for creating written work that is plagiarism-free and offer helpful tips to avoid copyright infringement.

Today’s digital age has made it easier than ever for plagiarized material to be copied and distributed. Whether it is done deliberately or accidentally, plagiarism can have serious consequences. Not only does plagiarism show a lack of professionalism and respect for the original author, but it also negatively reflects the company you work for and places doubt on your ability to provide trustworthy quality content. 

So, how can you take steps to avoid the negative repercussions of plagiarism? Understanding what plagiarism is and recognizing the rules of copyright, fair use, and public domain is a great place to start. 

Expert Advice From a Business Attorney

At Comma, we pride ourselves on providing high-quality content that builds credibility and authority.  Part of creating that content comes down to education and research. To that end, we host a monthly Comma Catch-Up series. During this time, our team comes together to learn and engage in meaningful conversations with trusted industry experts. 

Recently, Comma’s business lawyer, Keren de Zwart joined us for a training session on public domain and avoiding plagiarism. She is a trusted legal professional who understands the importance of marketing content that is free from plagiarism or copyright infringement. With over 13 years of experience as a business attorney in California, Keren has transitioned from working for a traditional law firm to building her own firm, Not Your Fathers Lawyer (NYFL). 

At NYFL, Keren provides quality legal services for online businesses, specifically focusing on female-owned businesses and content creators. Her transparent flat-fee model allows her to provide access to information and legal support that once felt out of reach for many entrepreneurs.

5 Simple Steps to Avoid Plagiarism

As writers, our desire to create original work lies at the forefront of everything we do. Our written words have the ability to connect with our readers and add value to their lives, which makes us more determined to maintain professionalism and integrity in our work. To continue this high-quality level of work, it is important to revisit the key steps to avoiding plagiarism. 

Merriam-Webster Dictionary defines to plagiarize as “to steal and pass off (the ideas or words of another) as one’s own: use (another’s production) without crediting the source.”  

Plagiarism often occurs in the following ways: 

1. Neglecting to use appropriate citations 

2. Misquoting a piece of writing

3. Changing words from a text without acknowledging the original author

Part of being an effective writer is engaging in a critical analysis of your work. Avoiding plagiarism is simple when you know the best practices as a writer. By following these guidelines, you can avoid plagiarism altogether and maintain your integrity as a writer.

1. Offer your perspective. As a writer, inspiration can be found in many places. Take a moment to reflect on elements of the original content that made an impact on you and summarize them in your own words. Then provide your unique perspective on the subject. By doing this, you are not only adding additional value, but you are also avoiding improper use of another author's writing. 

2. Don’t forget to cite your sources. There is no harm in being extra cautious. When in doubt, always attribute your writing by citing your sources. By acknowledging previous literature on the subject, you can provide the reader with a collection of sources to explore if they choose to delve deeper into a specific topic. Note: Anything considered common knowledge does not need to be cited. For instance, the capital of Hawaii is Honolulu. This information does not need to be cited. 

3. Use quotations when possible. If you have discovered highly valuable information that expresses a key point so succinctly you cannot provide further clarification, it would be appropriate to directly quote the text, followed by the author's citation.

4. Utilize a plagiarism checker for safe measures. There is nothing wrong with using a plagiarism checker for additional reassurance. Resources like Grammarly, EasyBib, Scribbr, and Chegg are just a few examples of plagiarism checkers used by writers around the world to ensure grammatically correct and plagiarism-free writing. While these tools do not offer legal protection, they do provide peace of mind. 

5. When in doubt, ask! If you’re unsure about something, reach out to the original author or another expert and ask for clarification. It is always better to err on the side of caution. 

What are Copyright, Fair Use, and Public Domain?

Providing quotations and citing a source doesn’t necessarily guarantee you’ve avoided plagiarism or that you aren’t infringing on a copyright. To understand if you are successfully following these guidelines to avoid plagiarism, it is vital to know the difference between copyright, fair use, and public domain. 

According to the Merriam-Webster Dictionary, copyright refers to “the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work).”  

As a creator, copyright immediately attaches to your original work the moment it is published in a tangible form. While you do not have to register your copyright material with the U.S. Copyright Office, it can provide additional legal protection if you choose to do so. Copyright lasts for the duration of the life of the owner (plus 70 years) or 95 years from the date of publication if owned by a company. 

As a writer, you also need to understand the fair use of content. Fair use refers to the use of copyrighted materials for transformative purposes like commentary, criticism, or parody without permission of the original copyright owner. The concept of fair use is based on the following four factors of the written work: 

1. Purpose - Is the purpose of this work for commercial or non-commercial use? Commercial use of content is less in the balance of fair use as opposed to non-commercial or educational use.

2. Nature - The more creative the work is, the more it is protected by copyright. For example, fictional work will have more protection than factual work.

3. Amount - Understandably, when a writer references a small amount of copyrighted work, there is a greater chance for fair use. However, if a significant amount of copyrighted work is referenced, it leads to less fair use protection.

4. Value - If the work is taking away value or creating direct competition for the original work, the less fair use protection it will have.

So, how does all of this information come into play in public domain? Written work falls under public domain when its copyright term has expired, the author has failed to meet the requirements for copyright protection properly, or the United States government produced the work.

In other words, content in public domain can be used and adapted without any permission needed. Your journey to producing credible content free of copyright infringement or plagiarism is paramount. Content can fall under traditional copyright protection. It can also fall under Creative Commons licensing or public domain. Being able to recognize the difference is invaluable. 

Copywriters and content marketers often have a “work for hire” clause built into their contract rules. Any original work you author will transfer ownership over to the company and become intellectual property. To verify your work does not indemnify your company, be sure to:

• review plagiarism rules

• perform a critical analysis of all written content

• use tools to protect yourself

• default to asking for permission when citing other sources

Now that you understand the potential risks a writer may face and know the necessary actions to take to avoid legal consequences, you are better prepared to tackle any writing project that comes your way! 

Need a writer to help you create high-quality content free from plagiarism? Comma Copywriters has a team of expert writers and editors who can help. Schedule a free consultation with Comma Copywriters, and let’s see if we’re a fit for your content needs.