Does the University have a policy on using the works of others?
The following section is found in the University catalog (2007-2009, p. 54) and is an important reminder that academic integrity is a two-way street.
“The University is committed to maintaining academic integrity throughout the university community. Academic dishonesty is a serious offense that can diminish the quality of scholarship, the academic environment, the academic reputation, and the quality of a Cal Poly Pomona degree. The following policy is intended to define clearly academic dishonesty at Cal Poly Pomona and to state the responsibility of students, faculty and administrators relating to this subject.
All forms of academic dishonesty at Cal Poly Pomona are a violation of university policy and will be considered a serious offense. Academic dishonesty includes but is not limited to:
a. Plagiarism – Plagiarism is intentionally or knowingly presenting words, ideas or work of others as one’s own work. Plagiarism includes copying homework, copying lab reports, copying computer programs, using a work or portion of a work written or created by another but not crediting the source, using one’s own work completed in a previous class for credit in another class without permission, paraphrasing another’s work without giving credit, and borrowing or using ideas without giving credit.” (emphasis added)
Frequently Asked Questions
Who actually "owns" a student's work?
Who actually “owns” a student’s physical paper?
Does a faculty member need the student’s permission to use a work as an example or sample for class?
Does a faculty member need the student’s permission to use a work as an exercise for faculty norming session such as for practice with essay scoring, grading, responding, and the like?
Does a faculty member need the student’s permission to use a work in a printed publication, professional presentation, dissertation, or other such use?
Who actually “owns” a student’s work?
In virtually every case of created work, the copyright (the legal ownership of the work) belongs to the creator, regardless of registration with the copyright office. There are a number of fair use exceptions, such as using a portion of a published work in another publication with appropriate credit and the like. However, the author, even a student writing an essay for class, retains the “intellectual property rights” for his or her work.
Who actually “owns” a student’s physical paper?
When a student submits work as part of a class assignment, he or she voluntarily relinquishes control of the actual physical properties of the work to the State of California. So when a paper, CD-ROM, painting, musical composition, or computer program is submitted to a faculty member, who is acting as an agent for the State, the faculty member actually “owns” the paper. The faculty member then transfers “ownership” when and if the project is returned to the student. Regardless of who actually holds the project however, the student maintains the intellectual property rights to the work contained in that project.
Does a faculty member need the student’s permission to use a work as an example or sample for class?
This depends on how it is to be used and if the student is informed of its use in advance. For example, an assignment, outlined in the syllabus, of creating a model for class critique clearly implies that it will be a “sample” for other students. However, if you wish to keep that model for a future class, or even a different section of the same class, permission should be obtained unless such an arrangement has been previously outlined.
With written work, which was not identified in advance as being presented to others, it is always necessary to obtain student permission. Generally, it is best if any identifying information is removed prior to sharing the sample, particularly if Bronco ID Numbers, telephone numbers, and the like, are utilized in any way
Does a faculty member need the student’s permission to use a work as an exercise for faculty norming session such as for practice with essay scoring, grading, responding, and the like?
In this instance, when the work is only to be viewed by other faculty, and with identifying information removed, it is probably not legally necessary to obtain permission, but courtesy and respect would indicate receiving authorization prior to its use.
Does a faculty member need the student’s permission to use a work in a printed publication, professional presentation, dissertation, or other such use?
Because in most instances the student’s work will not have been published elsewhere prior to your intended use, permission must be obtained to use it, with full credit given if so desired.
What it all boils down to is this: treat student work as you would expect your own academic work to be treated. It’s a good model for the faculty member and an excellent role model for the students.
Further discussion of the legal ramifications and some suggestions for use can be found at: http://www.utsystem.edu/ogc/intellectualproperty/admin2.htm
Of particular interest is their section on the Using the Four Factor Fair Use Test found at http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test
