什麼是抄襲剽竊?
俗話說,「天下文章一大抄」。這倒不是說人們沒有道德觀念,好逸惡勞,而是人我觀念還不太發達、私有財產制度也尚未氾濫到思想論述時,在寫作或論述中引用別人的話語是件稀鬆平常的事,也沒有很強的意識覺得需要在人我之間做一清楚的分野。君不見早期文人學者寫書時甚少像今日學術論文那樣提供長篇書目,嚴謹交代引用來源,從來不會有人說他們抄襲。
隨著學術工作專業化(人人以發表論文來證明學術實力),學術人口普及化(高等教育普及,不再是少數優勢階級的特權),學術成規越來越嚴謹而制式(要不然如何客觀的評斷高下),學術倫理越來越建制化(化為法規典章和檢查制度),抄襲就越來越被視為嚴重違反倫理道德的事情了。
認識了這個歷史脈絡,才能認識為什麼高等學府對於抄襲十分看重,也才能認識正是因為抄襲太過普遍、不容易抓到或遏止,因此教育體制近年來都花了很多精力和資源,來教導學生和學人正確使用資料的方式,以期先行阻止抄襲的發生,也更為徹底的規訓學術人的操作方式。
以下是我們收集的一些正式定義,從中也可體會學術成規的精神:
I.Definitions of Plagiarism:
MLA Handbook for Writers of Research Papers. Joseph Gilbaldi and Walter S. Achtert, 1988.
Plagiarism is the act of using another person's ideas or expressions in your writing without acknowledging the source. (21)
重點是必須交代資料來源
MLA Handbook for Writers of Research Papers. Joseph Gilbaldi, 1995.
Derived from the Latin Word Plagiarius ("kidnapper"), plagiarism refers to a form of cheating that has been defined as "the false assumption of authorship: the wrongful act of taking the product of another person's mind, and presenting it as one's own" (Alexander Lindey, Plagiarism and Originality [New York: Harper, 1952] 2). (1.7)
新版的MLA手冊對於抄襲有了更為強勢的定義,也把抄襲的故意性視為作弊欺騙
Writing Research Papers: A Complete Guide. James D. Lester, 1976, 1987.
Fundamentally, plagiarism is the offering of the words or ideas of another person as one's own. (48) (78)
Writing Research Papers: A Complete Guide. James D. Lester, 1999.
Plagiarism is purposely using another's person's writing as your own. (5h)
這個新版本也和MLA新版本一樣強調動機是故意的
Form and Style: Research Papers, Reports, Theses. Carole Slade, 1997.
Plagiarism, a word from the Latin for kidnapping that now means the use of another person's ideas or wording without giving appropriate credit, results from inaccurate or incomplete attribution of material to its source. (55)
這個定義在追溯源頭時很嚴重,但是說明時卻又有些輕鬆了
Writing the Research and Term Paper. Travis L. Hauser and Lee Learner Gray, 1964.
When you use someone else's ideas or phrasing without giving him credit, you are plagiarizing (stealing).
這裡等同偷竊
Writing the Research Paper: A Handbook Includes MLA and APA Documentation Styles. Anthony C. Winkler and Jo Ray McCuen, 1999.
Plagiarism is the act of passing off another's words and ideas as one's own. The question of when one has plagiarized and when one simply has asserted a general truth from an unknown source can be sometimes puzzling…No generation speaks a language of its own invention; few people are creators of the proverbs and sayings that that they utter daily. The mother who tells her child, "A thing of beauty is a joy forever," is plagiarizing from the poet John Keats…Innumerable other examples can be given to show how we freely and openly borrow ideas and expressions from one another.
先說明引用抄襲都是常見的
Blatant plagiarism, however, involves the deliberate stealing of another's words and ideas, generally with the motive of earning underserved rewards… 但是如果有意騙成績或業績,那就不一樣了
Under the conventions of writing research papers, you must acknowledge the source of any idea and statement not truly your own…In sum, to avoid plagiarism, you must do the following: ※Provide a note for any idea borrowed from another. ※Place quoted material within quotation marks. ※Provide a bibliography entry at the end of the paper for every source used in the text or in a note. (p89)
The Research Paper: Process, Form, and Content. Audrey J. Roth, 1999.
To pass off as your own any writing you didn't actually do is morally wrong. To present such work without acknowledge the source-and therefore to let someone assume it is yours when, in fact, it is not-is plagiarism. (P5)
抄襲是個道德問題
A Manual for Writers of Term Papers, Theses, and Dissertations. Kate L. Turabian, 1996.
By definition, a research paper involves the assimilation of prior scholarship and entails the responsibility to give proper acknowledgment whenever one is indebted to another for either words or ideas….Failure to give credit is plagiarism. (p. 74)
終於有人說明了為什麼不能抄襲──因為你需要消化吸收前人成果,但是也需要表示感恩。忘恩負義就是抄襲的問題所在。
The Oxford English Dictionary (second edition, volume XI Ow-Poisant, 1989)
plagiarize v. 1. To practise plagiarism upon; to take and use as one's own the thoughts, writings, or inventions of other. 2. To practise or commit plagiarism.
plagiarism n. 1. The action or practice of plagiarizing; the wrong appropriation or purloining, and publication as one's own, of the ideas, or the expression of the ideas (literary, artistic, musical, mechanical, ect.) of another. 2. A purloined idea, design, passage, or work.
Concise Oxford English Dictionary (2004)
plagiarize or plagiarise v. take (the work or an idea of someone else) and pass it off as one's own.
Longman Dictionary of Contemporary English (2004)
plagiarism n. the act of using someone else's words, ideas, or work and pretending they are your own.
Random House Webster's College Dictionary (2000)
plagiarism n. 1. the unauthorized use of the language and thoughts of another author and the representation of them as one's own. 2. something used and represented in this manner.
由於高等學府正是大量訓練與要求論述生產的場域,因此抄襲剽竊也往往最盛行於此。近年來,為了防範抄襲行為,眾多大學都未雨綢繆的設立寫作網站,也在網站內積極討論抄襲,討論如何正確引用典籍。這些網站的內容對學生而言,是很好的練習場域,目標倒不一定是防範抄襲,反而可以幫助學生學習如何寫作學術論文。以下是一些大學論文網站給抄襲下的定義:
B. Websites:
1. Schools:
a. (Indiana University )(Other resources in this site )
"…Plagiarism is using others' ideas and words without clearly acknowledging the source of that information… to avoid plagiarism, you must give credit whenever you use: another person's idea, opinion, or theory; any facts, statistics, graphs, drawings-any pieces of information-that are not common knowledge; quotations of another person's actual spoken or written words; or paraphrase of another person's spoken or written words."
b.(香港大學) "…plagiarism is copying the work of another person without proper acknowledgement. There are two parts in the definition: copying and the absence of proper acknowledgement…. it gives an impression to an ordinary reader that the work is the original work of the author when in fact it was copied from some others' work. The idea underlying plagiarism is very simple: if you appropriate the work of another person, you should give proper recognition to that person. "
c.(Georgetown University) "Plagiarism is defined by the Honor Council document as "the act of passing off as one's own the ideas or writings of another."
d.(Northwestern University) "Northwestern's "Principles Regarding Academic Integrity" defines plagiarism as "submitting material that in part or whole is not entirely one's own work without attributing those same portions to their correct source." Plagiarism can occur in many forms besides writing: art, music, computer code, mathematics, and scientific work can also be plagiarized… In all academic work, and especially when writing papers, we are building upon the insights and words of others. A conscientious writer always distinguishes clearly between what has been learned from others and what he or she is personally contributing to the reader's understanding. To avoid plagiarism, it is important to understand how to attribute words and ideas you use to their proper source. "
e.(The University of North Carolina) "The UNC Honor Court defines plagiarism as "the deliberate or reckless representation of another's words, thoughts, or ideas as one's own without attribution in connection with submission of academic work, whether graded or otherwise." (Instrument of Student Judicial Governance, Section II.B.1.)."
f.(Duke University ) ※Copy from published sources without adequate documentation. ※Purchase a pre-written paper (either by mail or electronically). ※Let someone else write a paper for you. ※Pay someone else to write a paper for you. ※Submit as your own someone else's unpublished work, either with or without permission.
g.(Online Writing Lab ) "Plagiarism is the unauthorized use of someone else's thoughts or wording either by incorrect documentation, failing to cite your sources altogether, or simply by relying way too heavily on external resources... whether intentional or, as is more often the case, inadvertent, the result is that some or all of another author's ideas become represented as your own. It's like lip-synching to someone else's voice and accepting the applause and rewards for yourself. "
2. Other Online Scources:
a.(Wikipedia)
"Plagiarism is the practice of (dishonestly) claiming or implying original authorship of material which one has not actually created, such as when a person incorporates material from someone else's work into his own work without attributing it. Shakespeare's appropriation of stories into his plays may be considered plagiarism, except that Shakespeare never claimed that the stories were his own, and his transformations of them were so great that they served as literary sources, not as copied materials."
b.(Wikipedia 中文版)
抄襲,亦稱作學術剽竊、剽竊學術研究成果、違反學術誠信,是對於原著未經或基本未經修改的抄錄,這是一種侵犯著作權的行為。但是一些時候是否構成抄襲比較難以界定,例如模仿一個故事的情節是否屬抄襲就有很大爭議,一些人認為故事情節屬於思想範圍,而「抄襲思想」並不是犯罪的行為,因為法律只保護思想的表現方式而不是思想本身。
不同學校對於保持學術誠信有不同的要求。簡單一點的,會要求學生在提交習作時,要附有至少5個或10個參考書目。亦有學校會要求學生在遞交功課時連同一份有法律效力的聲明一同遞交。嚴格一點的,會禁止學生把同一份功課同時交給超過一個科目。而對於違反學術誠信的學生,輕則會發警告信,重則會開除學籍。而對於違反學術誠信的教員,則會被撤職。
c.(大英線上百科全書繁體中文版) 以他人著作偽稱為自己所作的行為。這是一種欺詐行為,一般來說違反出版著作法。如果只是意思相同,而文字並不一樣,則不算違法。如果文字雷同,但能證明的確是獨立完成的,也不算違法。
d.(慎防剽竊罪名:談中文母語留學生的英文寫作) 現代西方文化非常重視智慧財產權,而文章所有權是其中之一.凡是學術著作需要引用到前人著作或思想者,按習慣均需要在文章中註明出處…剽竊行為可大致分為惡性剽竊(blatant plagiarism)與偶發性剽竊(casual plagiarism)兩種.前者為幾乎整篇抄襲,企圖蒙混過關.後者則文章主要由自己構思寫作,只是參雜程度不一的抄襲成分。
e.(Plagiarism.Org)
"Many people think of plagiarism as copying another's work, or borrowing someone else's original ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offense:
According to the Merriam-Webster Online Dictionary, to "plagiarize" means
1) to steal and pass off (the ideas or words of another) as one's own
2) to use (another's production) without crediting the source
3) to commit literary theft
4) to present as new and original an idea or product derived from an existing source.
In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and lying about it afterward."
f.(The Nuts and Bolts of College Writing) "Plagiarism includes: ※ Quoting material without attribution. The most obvious kind of plagiarism. ※ Passing off another's idea as your own, even if it's been reworded. Changing an original's wording doesn't avoid plagiarism. The underlying idea of plagiarism is unacknowledged borrowing of ideas, not specific words. ※ Imitating a passage's structure or argument without attribution. Suppose a source presents an assertion and three supporting points. If you adopt that particular structure, including the particular examples or supporting points, you need to provide a citation to the original. This holds even if you substantially revise the wording. ※Concealing the extent to which you've borrowed from a text or other source. Citing a specific passage in a work doesn't give you license to draw on the rest of the work without citation. This can be the nastiest kind of plagiarism because it's so sneaky."
g.(Writing Program Administrators) "…plagiarism occurs when a writer deliberately uses someone else's language, ideas, or other original (not common-knowledge) material without acknowledg?ing its source."
近年來,抄襲剽竊已經從道德問題轉化為司法問題,各種相關定義越來越嚴謹,相關法條規章也逐步被建立起來。在此文化資產全球分享的年代,卻也有著最嚴厲的著作權觀念和法規出現,顯然是對文化民主化現象的回應。
C. Legal Aspect:
1. 定義:《著作權法論》著作人就其創作之著作,發生二種權利:其一為有關保護財產利益之權利,例如重製權、公開口述權、公開播放權、公開上映權、公開演出權、公開展示權、編輯權、改作權、出租權、輸入權等,總稱「著作財產權」。其二位有關保護著作人人格利益之權利,例如公開發表權、姓名表示權、禁止醜化權等,總稱「著作人格權」(moral right )。(蕭雄淋,P3)
2. 與論文寫作之相關:依新著作權法之規定,在一定情形下,學校教師或學生亦可合理使用他人的著作,這些情形包括:
一、為報導、評論、研究或其他正當目的之必要,在合理範圍內,引用或翻譯已公開發表的著作(第五十二條及第六十三條)。
二、基於個人或家庭非營利之目的,例如教師於教學之外,自行從事學術研究,或者學生準備撰寫課業報告,可以在合理的範圍內重製他人的著作,例如影印一本書中的部分章節或影印一篇文章,但應該注意的是,必須利用圖書館及非供公眾使用的機器影印才可以(第五十一條)。(洪美華,P87)
3. 問題: 《認識著作權》 Q:古聖先賢之著作是否受著作權法保護,其持有者又為何人? A:著作財產權的存續期間並不是漫無限制的,它最長的一種情形是存續於著作人終身再加上死亡後可以由其子孫繼承五十年。也就是說,著作權財產權因存續期間屆滿而消滅,一經消滅,這項著作(例如古聖先賢的著作)即歸屬社會公共,任何人在不侵害其著作人格權的情形下(例如不得改竄內容等),都可以自由利用(參見著作權法第四十二條、四十三條規定)。(經濟部智慧財產局,P101)
既然要學會正確引用別人的智慧資源,就得先學會如何轉述人家的話語,下面提供一個很明顯的例子。
II. The Case of Paraphrase
1. Form and Style: Theses Reports, Term Papers. William Giles Campbell and Stephen Vaughan Bellou, 1974.
A paraphrase expresses the essence of the author's idea in about the same number of words but in the student's own style. Many students who sincerely believe they are paraphrasing a statement are actually guilty of plagiarism. Changing a word here and there and revising the order of phrases is not sufficient, even though you give credit in a footnote. If you cannot write a paraphrase without looking at the original, you are not likely to write it truly and in your own words and style. If in doubts as to how authentic the paraphrase is, look back to the original and make a critical comparison. (p. 10)
2. How to Write Your Term Paper. Elinor Yaggy, 1985.
You will be plagiarizing if (1) you are not accurate in indicating direct quotations or (2) you do not completely reword when you paraphrase. Rewording includes using your own language and your sentence structure. A paraphrase should sound like you, not like the source with the words shifted around. Any plagiarism, intentional or not, casts doubt on the honesty of all your statements. (p. 17)
3. Examples of Paraphrase and Plagiarism: How to Write Your Term Paper. Elinor Yaggy, 1985.
[Original] What is a Poet?...He is a man speaking to men: a man, it is true, endowed with more lively sensibility, more enthusiasm and tenderness, who has a greater knowledge of human nature, and a more comprehensive soul, than are supposed to be common among mankind; a man pleased with his own passions and volitions, and who rejoices more than other men in the spirit of life that is in him…To these qualities he has acquired greater readiness and power in expressing what he thinks and feels…(Wordsworth, "Preface to Lyrical Ballads")
[Example of plagiarism] The poet is different from common men. He is a man who is usually more enthusiastic, tender, and possesses more sensitivity, and a man with a more comprehensive soul. The poet is more affected by things absent from the scene than the common man. He has a great sense of the spirit of life within himself. The poet, above all, has the ability to express what he thinks and feels more readily and powerfully than the ordinary man.
即使換了字眼,基本上還是和原文的結構論點相去不遠
[Example of an acceptable paraphrase] Wordsworth says a poet and other men are alike except that a poet lives more fully and enjoys life more, has usually sensitive reactions to everything about him, understands himself and others better than the most, and has a vivid memory for details. Because of these heightened characteristics, he can with practice express himself and others better than most, and has a vivid memory for details. Because of these heightened characteristics, he can with practice express himself more easily and more forcefully than others.
重整了原來的說法
Works Cited
Campell, Williams G., and Stephen Vaughan Bellou. Form and Style: Theses Reports, Term Papers. 4th ed. U.S.A: Houghton Mifflin Company, 1974.
Gilbaldi, Joseph, and Walter S. Achtert. MLA Handbook for Writers of Research Papers. 3rd ed. New York: The Modern Language Association of America, 1988.
Gilbaldi, Joseph. MLA Handbook for Writers of Research Papers. 4th ed. New York: The Modern Language Association of America, 1995.
Hauser, Travis L., and Lee Learner Gray. Writing the Research and Term Paper. New York: Cambridge Book Company, 1964.
---. Writing Research Papers: A Complete Guide. 5th ed. Glenview, Illinois: Scott, Foresman and Company, 1987.
---. Writing Research Papers: A Complete Guide. 7th ed. New York: HarperCollins College Publishers, 1993.
---. Writing Research Papers: A Complete Guide. 9th ed. New York, Addison Wesley Longman, Inc, 1999.
Lester, James D. Writing Research Papers: A Complete Guide. 2nd ed. Glenview, Illinois: Scott, Foresman and Company, 1976.
Lester, James D., and James D. Lester, Jr. Writing Research Papers: A Complete Guide. 11th ed. New York: Pearson Education, Inc, 2005.
Roth, Audrey J. The Research Paper: Process, Form, And Content. 8th ed. U.S.A.: Wadsworth Publishing Company, 1999.
Slade, Carole. Form and Style: Research Papers, Reports Theses. 10th ed. Boston: Houghton Mifflin Company, 1997.
Turabian , Kate L.A Manual for Writers of Term Papers, Theses, and Dissertations. 6th ed. U.S.A: The University of Chicago, 1996.
Winkler, Anthony C., and Jo Ray McCuen. Writing the Research Paper: A Handbook Includes MLA and APA Documentation Styles. 5th ed. U.S.A.: Hartcourt, Inc.
Yaggy, Elinor. How to Write Your Term Paper. 5th ed. New York: Haper & Row.
(蘇有慶、謝佳宏、李季鴻、蕭煜倫)