Republic Act 8293 (Intellectual Property Code) - and fun in the Philippines
On my last day of a recent trip to the Philippines (Weds, Oct. 3rd, 2012), The Philippine Star front page was covered with news about RA 10175 (Cybercrime Prevention Act).
One headline began: 'DOJ warns web plagiarists..'.
The article notes that:
(i) Justice Secretary Leila de Lima has 'warned of possible criminal actions aganst plagiarists'.
(ii) Provisions relevant to the issue are contained in the existing Republic Act 8293 (Intellectual Property Code), RA 8792 (Electronic Commerce Act) and in RA 10175 (the new Cybercrime Prevention Act).
(iii) The Supreme court defines plagiarism as 'deliberate and knowing presentation of another person's original ideas or creative expressions as one's own', which the paper described as 'generally an academic issue'.
This last point surprises me as performing artists are often appreciated for their ability to reference previous work in their own work, and this creates grey areas where artists are often accused of plagiarism.
There are also many grey areas in academic plagiarism, and among academics, plagiarism is plagiarism whether or not it is intentional or not. It can be a criminal act, if intentional, or an act of incompetence if unintentional. Either way, there can be social consequences for the perpertrator, even if the case never reaches court.
Performing academics are also appreciated for their ability to reference previous work in their own work. The art of academic referencing is to make the process transparent and relevant. Stylistically, there are many ways to do it.
De Lima (in the same article, p. 16) is reported to have said, 'the public should just avoid copying the works of others, cultivate the habit of attribution, always be vigilant in detecting cases of plagiarism, and encourage institutions to adopt anti-plagiarism measures'.
I just hope we do not end up with the kind of rough justice, in academic terms, that is seen in distant provinces of the Philippines (where vigilantism and crime seem to spur each other on).
More than laws, we need cultures of mutual support in the academic provinces, where salaries are low (or sporadic, or non-existent), work conditions difficult, and incentives to plagiarise perhaps greatest. In the world generally, it seems that those operating at the edges of moneyed academia face cultures of mutual distrust, intense competition, and intense fear of failure.
Maybe I am painting a picture that is too bleak.
The Philippines is 'more fun' according to the tourist slogan now being promoted. I surely hope so. My own experience in the Philippines, so far, has been fun, thanks to the efforts of local counterparts. I lead a protected existence.
(cont...)
And how could they change when a senator is also allowed to do it twice without anyrepercussionsfor his actions(I am talking about Sen. Tito Sotto -- who, as it happens, inserted "libel" in the Cybercrime Law)?
Aside from that I also think that the lack of access to up-to-date resources is one root of it. I am very thankful that there are a lot of open access resources nowadays. But there are still a lot of important material which are hidden in very expensive journals. As a teacher with a very minimal salary, it's very hard to do research for myself and teachers like me who can't keep up to date about the outside academic world and if there are already published materials holding similar ideas as we do.
I'm sorry for rambling but I am very interested in the subject you wrote here. As it happens, one of my friends' requirements was copied in full by another person and submitted to the same professor the following semester she took it. As is the case, the professor didn't notice it as he is handling a lot of students -- which is the case in all state-run universities here in the Philippines.
Hello,
UP on its part has been firm on its stand against plagiarism. I am not sure if you saw the banners in the UP premises that go within the lines of "we condemn plagiarism" and similar statements. This started when a high-court judge was found plagiarizing a work of a UP College of Law professor (if I remember it correctly). It was followed by one College of Law Dean stepping down from his seat in the college with one constituent opening up a plagiarism case.
I guess in UP, we take plagiarism seriously. As a first year student, it was hammered down to me that plagiarism is a sin and it CAN get us expelled. I've heard of one case that a student was sent to the tribunal in a plagiarism case for not using the citation "properly" or as specified by the professor. But I've only heard of one such case. In my experience, a lot of my fellow friends who were/are UP students detest plagiarism as we consider it a form of cheating. And cheating means one is not working his/her own butt to graduate -- as most of us during my time were from the poorer levels of society, we consider it as very much unfair. Though of course I am not saying that this is how all UP students think. I am just speaking in behalf of myself and my friends.
However, when I entered teaching here in Mindanao, I was culture shocked when I found out that it was not the case among the students in the university in which I teach. They seem to have no remorse in copying entire articles from the internet, put their names on it and submit it to me as an essay requirement. I am very much stuck at this time since I can't figure out if I should give them a failing grade or just give them the lowest passing grade. Though first day of class I've already warned them that they may fail if they plagiarize (and firmly told them they should use APA), I also felt pity because I know that most of their lives they've been compartmentalized in a system which allows them to do just the thing I told them not to do. And how could they change now? I am just one teacher and I am just teaching for one semester. They've been in the faulty system for years.