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Hey, so recently I was invited to weigh
in on a pretty interesting LinkedIn post.

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It was regarding AI, of course,
and the poster asked, is

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plagiarizing AI, Plagiarism.

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00:00:16,104 --> 00:00:22,694
So in other words, if you use AI,
but don't give credit to AI, is that

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00:00:22,724 --> 00:00:29,501
plagiarism and the poster used an
AI generated response as the jumping

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off point for this discussion that AI
generated response reads as follows.

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Using artificial intelligence
to write essays and articles

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is considered plagiarism.

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Plagiarism is defined as representing
someone else's work as your own

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without giving proper credit.

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So in the opinion of the
poster, the answer is yes.

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In my opinion, the answer is no, and
I will give you my reasoning behind

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that at the end of this episode.

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But as you know, all about copyright
infringement, copyright protection

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and preventing copyright infringement
and less so about plagiarism, but

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I do have some thoughts about that.

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I did think this was a great time to
have a conversation about the differences

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between copyright infringement.

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And plagiarism because
people often confuse the two.

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And in fact, I think that was why
I was invited into a conversation

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about plagiarism, which is not
something I typically address.

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So while copyright infringement and
plagiarism do have some overlap, they

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present separate legal and ethical
considerations and implications.

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So let's first talk about
copyright infringement.

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U.

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S.

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copyright law grants the creator,
the human creator of an original

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work, exclusive rights to use
and distribute its creation.

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So the rights that you have exclusive
right to under copyright law, the

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right to reproduce, the right to
distribute the work, to perform it.

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to publicly display it, to create
derivative works from it, and you have

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exclusive right to grant others the
right to do any of those things with it.

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So if somebody wants to do those things,
they can only get that permission

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from you as a copyright owner.

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copyright infringement occurs whenever
someone does one of those exclusive

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things that are exclusive rights
to you without your permission.

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We have copyright infringement and it
is a legal violation and it can result

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in civil as well as criminal penalties.

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Some examples of copyright infringement,
reproducing some or all of a book

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without permission of the author,
posting a copy of a movie to YouTube,

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which, happens without authorization.

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I recently, I mean, YouTube's been around,
I didn't know what the big deal was.

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And I recently discovered
what the big deal is.

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And now I'm a huge fan.

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and I will say that what has gotten my
attention are these YouTube, are they

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called commentators, I guess, where
they, take clips from, It's always

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reality television, what comes to my
attention reality television, they do

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this commentary over what was being said.

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And there was 1 in particular,
it was like a pop psychologist.

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And so he was taking these clips from
this, reality television shows, and then.

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kind of putting his pop psych spin
on it and apparently he got in

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some trouble about it because, I
think His channel was demonetized.

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And so now he has to, like, do these
really funky things with the images

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so that he's not, committing copyright
infringement when he kind of does like.

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Half the screen or something, or in
order to not, infringe copyrights.

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But yeah, you can't use even clips
from TV shows without permission,

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danger of copyright infringement.

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the other example is using a photograph,
on your website without permission.

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You do need to have a license for that.

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Even if you found it online, it
requires the consent of the copyright

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owner to use that photograph.

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And Music, integrating music into
a presentation, into a video on,

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the introduction of the podcast.

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I have a license for the music,
for the intro and outro music.

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Cause that is someone's, work,
and I need consent to use it.

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on the other hand.

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Plagiarism is the act of using
someone else's work or ideas

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without proper attribution and
presenting those ideas as your own.

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Plagiarism is considered an
ethical violation, unlike copyright

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infringement, which is a legal violation.

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However, it is not without consequences.

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Probably all of us first became
aware plagiarism in school when

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we were told that we have to give
proper attribution to our sources.

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They remember those.

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I mean, it's been a long time for
me, but when we did those reports,

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we had to make sure we, gave
credit to where we, got materials.

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And, uh, if we took something,
, out of an encyclopedia.

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And, giving credit to where it came from.

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so even if I wasn't going to get in
trouble if I, stole something out of

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the encyclopedia without giving credit
to it, but that would be plagiarism and

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that would have academic consequences.

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Right?

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And so it also now in our professional
lives, it can have professional as

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well as reputational consequences.

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If we are stealing other people's
ideas and passing them off as our own.

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And so it, of course, you as
we're developing our reputations,

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developing our brands, our voices,
our thought leadership, we do not

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want to be in the plagiarism business.

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Even if we do not end up with,
statutory damages as a result.

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you can absolutely have major reputational
and professional consequences.

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To committing plagiarism, some examples
of plagiarism, copying and pasting texts

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from a source without proper citation.

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The one that we know of from
school, paraphrasing somebody

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else's ideas without giving credit.

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That's probably going to be
more applicable to what we're

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doing in these days as we're
developing our thought leadership.

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Submitting someone else's work as our
own, that might even fall into the

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crossover there and then failing to
acknowledge collaborators or co authors.

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I do want to drill into this 1 because,
you know, I have done a number of

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presentations about what the copyright.

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issues are surrounding
collaborations and co authorship.

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So why does failing to acknowledge
a co author fall under plagiarism,

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but not under copyright infringement?

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Well, recall that a co author, each
co author, I'm just going to use,

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let's say there's 2 co authors.

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Each co author owns 100 percent of
the copyright in that co authored

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work, and it's not just, you know, 100
percent plus 100 percent equals 200%.

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It's just each co author has 100
percent of the rights in that work,

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so it can do all of those things
that I mentioned above, perform,

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display, create derivatives, give
other people's rights to do it.

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They can do each of them
separately without the copyright.

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The consent of the other, that's why
it's percent because they don't need

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to get consent from the other person.

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what I could do is I have
a coauthor of a work.

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I can publish it because I
have not exclusive rights.

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I have a hundred percent rights
to do it without permission from

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my coauthor and not give credit.

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To my co author.

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So is that a copyright infringement?

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No, because I have the rights to do that.

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But is that plagiarism?

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Yes, because I am not giving my co
author credit for her contribution

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to that co authored work.

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So the main differences just in a
nutshell, copyright infringement.

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Is a violation of legal rights granted
by copyright law or as plagiarism

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is a breach of the ethical standards
that we would expect an academic

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professional, reputational, spheres,
related to honesty and integrity.

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even if no law is broken,
there's different kind of

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bodies that deal with this.

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If it is a copyright infringement, of
course, we have access to the court

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system and other legal remedies, assuming
it's registered, and, Courts for if

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it's registered, there are other legal
remedies, even if it isn't registered.

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whereas our plagiarism, that's
going to be handled one by

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the court of public opinion.

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if people find out that you steal
people's ideas and also there can

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be real significant consequences
in the academic setting, certainly

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maybe suspension expulsion, failing
a class, in the professional realm,

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people distrust you, they wonder,
they don't want to work with you.

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maybe you lose a job because you
represented yourself as being the

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author of something that you weren't
or that you, bringing some ideas to

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an engagement that aren't your own.

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And just general reputational
harm that can come from that.

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And then the protections that are
available to us are different.

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we register our copyrights, in order
to make sure that we are protecting.

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are expressions.

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copyright does not protect ideas,
but it protects the expression

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of the idea, what we wrote, what
we recorded, what we painted.

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but, plagiarism does
protect our ideas as well.

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So where is the intersection?

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So the intersection comes when
We steal someone's expression.

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So we literally take some of those rights.

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you know, someone write something and
we lift it up and we put our name on

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it and we distribute it as our own.

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That is both a copyright infringement.

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and plagiarism and by the way, you
can have copyright infringement

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without plagiarism, just to be clear,
like, if you take somebody else's

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work, you give them full credit for
and people do get confused by that.

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Like, I'm giving them credit, but
they still must give you permission.

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To distribute it.

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So the fact that you gave me credit does
not negate the copyright infringement

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if I have not given you permission
to distribute it regardless of the

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credit that you may give to me.

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So that would be plagiarism.

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copyright infringement without
plagiarism when I give credit,

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but I don't have permission.

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And then I can also have plagiarism
without a copyright infringement when I

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take someone's ideas, because ideas are
not eligible for copyright infringement.

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Protection or even if we were to
take something in the public domain

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because there are some things that
might be in the public domain,

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like something that's very old.

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Like, I could take an
unpublished work of Shakespeare.

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I don't know what, you know,
and say, like, look what I did.

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it's not protected by copyright law
anymore, but that would obviously be

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plagiarism if I slap my name on there.

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the tried and true best practices
to make sure we neither infringe nor

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plagiarize, always get permission
to use content that you do not own.

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If you're taking the content,
assume it is copyrighted.

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If it's intangible form, you're finding
it in writing, you're finding it in

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the internet, it's intangible form.

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And unless you know that it is in the
public domain, because you know, it is

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AI generated, or, you know, that it is,
1 of the categories of public domain.

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I talk about that a lot too.

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then you want to make sure
you get permission to use it.

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Get use proper attribution, if you're
talking about, purple cows, I'm going

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to assume that was originally Seth go
inside and I could be wrong about that.

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make sure you're giving attribution
to where you're getting the ideas

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about blue oceans or things like that.

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cite your sources.

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I'm sure everyone here has had plenty of
experience, writing research papers, using

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third party sources and make sure you're
studying your sources and sometimes it

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happens, accidentally, certainly if we are
using AI materials, we want to make sure

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that, They haven't kicked out something
that might show up on a plagiarism checker

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as being plagiarism and I'm going to talk
about why I don't think it's plagiarism

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still, It will damage your reputation if
you are using ideas that aren't your own.

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so let's get to my hot take about why
I think AI isn't plagiarism, despite

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what I just said, because there is kind
of the loose notion of not plagiarism.

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Taking other people's ideas as
your own, and I don't endorse it.

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I think it's a bad idea.

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I don't want you to do it.

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But I think as an ethical issue
that plagiarism has 2 purposes.

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The 1st purpose.

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00:12:34,884 --> 00:12:41,237
Is to make sure that the originator
of the idea gets proper credit for it.

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00:12:41,237 --> 00:12:45,674
It is the product of their own intellect,
their own expertise, their own deep

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00:12:45,734 --> 00:12:47,534
thinking, their own thought leadership.

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That is side 1 of the.

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two sided coins of plagiarism is
making sure that the originator of

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00:12:54,290 --> 00:12:59,980
the idea is properly credited for
the product of their intellect.

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00:13:00,176 --> 00:13:05,156
The other side is to make sure that
the plagiarist, I think that's a word,

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00:13:05,256 --> 00:13:07,026
the person who commits plagiarism.

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Doesn't get credit for that idea.

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It should not be part
of their body of work.

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00:13:12,398 --> 00:13:16,018
It should not be included in a thought
leadership because that's not their idea.

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00:13:16,028 --> 00:13:18,588
And by the way, I'm not talking about
copyright infringement here at all.

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I am talking about ideas and
said that they're not getting

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00:13:22,448 --> 00:13:24,658
credit for someone else's ideas.

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00:13:24,658 --> 00:13:28,459
It's not the product of their deep
thinking product of their expertise.

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00:13:28,459 --> 00:13:30,143
They've taken it from somebody else.

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00:13:30,371 --> 00:13:35,809
And so those are the two sides to
me of the ethical considerations

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00:13:35,809 --> 00:13:38,789
where we're thinking about,
really condemning someone in the

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00:13:38,789 --> 00:13:41,356
professional setting for plagiarism.

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00:13:41,633 --> 00:13:48,139
for the first side, The originator
getting credit for their ideas

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00:13:48,319 --> 00:13:52,756
for the use of their intellect,
that simply doesn't apply to AI.

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00:13:52,920 --> 00:13:58,697
When AI is the creator of the
content, then there is no ethical

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00:13:58,697 --> 00:14:06,422
obligation to make sure that AI
gets credit for its ideas it.

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00:14:06,542 --> 00:14:08,282
Even have any ideas, right?

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Or is it just an algorithm of
some sort, whatever the magic

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is that happens inside of, ai.

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so does it get the respect
that we want to, reserve for.

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The true creators of ideas is a, I get
that kind of respect that plagiarism

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is intended to prevent and my answer
to that is no, that it is not intended

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to do that on the other side of the
plagiarism coin to make sure that the.

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Person who plagiarizes doesn't get to
include those ideas in their own body

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of work as their own thought leadership.

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And personally, what is coming out of AI,
AI generated content, nothing that's got,

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I've seen this come out of AI is even
close to being worthy of being some big

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idea that is worthy of being included.

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Being, in someone's, body of work,
I mean, most of what's coming out of

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AI, that's, you know, maybe they're,
writing a blog post or, doing an outline

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or making some social media posts.

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I'm not saying that it can't
be more sophisticated, the more

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that you work with it, but.

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generally what is being generated by
AI is a regurgitation of, a mishmash

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of ideas that are already out there,
that they're just kind of coming

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together to try to spit something out.

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It's been my experience and that is
literally it's function, is to take

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the ideas that are already out there

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And, create something serviceable,
that's assuming it's not hallucinating.

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I mean, I guess we could call
original, but typically that means

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it's just, flawed or inaccurate.

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so in my opinion, neither.

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Purpose of, why the ethical consequences
of plagiarism are so, real and severe.

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Neither of those purposes are met when
we're talking about AI generated content.

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We're not trying to protect the
originator of the ideas, which is AI.

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That's not.

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To me why we have ethical
condemnation of plagiarism.

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And there's also, if you are using AI as
part of your thought leadership, that's

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some pretty poor thought leadership.

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we're now also not benefiting from
stealing somebody else's big ideas

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when the big ideas came from AI.

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So them's me thoughts.

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Let me know what you think.

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And, join me again.

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Remember IP is fuel.

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Thanks guys.