Abstract

ECHAVARRIA ARCILA, Maria Alejandra. What is plagiarism? Conceptual proposal of punishable plagiarism. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2014, vol.44, n.121, pp.699-720. ISSN 0120-3886.

Since the apprehension of a phenomenon is based on its definition, the conceptual delimitation of the plagiarism figure has caused a doctrinaire, jurisprudential and legal inveterate discussion on the fixation of behavior ambience that includes this copyright violation. Although it has been accepted - without major reservations- that the plagiarism violates, in the most serious and intolerable manner, certain exclusive privileges granted to the author of a work from the very moment of its creation, the conceptualization of this phenomenon has not been accurate in national and international legislations on the subject, which, coupled with certain judicial and doctrinal rulings on the issue, has distorted the meaning and nature of this construct. From this juncture, the brief presents a proposal of the plagiarism constitutive behavior conceptualization and its compositional elements, with the prism of its consideration as an archetype infringement of the rights of author and through a notion that contains the phenomenon in its integrity and concretes it in a strict and technical way, for punishment purposes. For this purpose, the report describes the main doctrinal and jurisprudential definitions of plagiarism that correspond to Colombian copyright system guidelines, therefore, it formulates a definition of this figure from the basic concepts view of the legal intellectual property discipline.

Keywords : Plagiarism; Copyright; Intellectual property; Copyright Infringement; Artistic and literary property.

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