• Plagiat naukowy – naruszenie prawa do autorstwa utworu

    Author: Sybilla Stanisławska-Kloc
    Institution: Uniwersytet Jagielloński w Krakowie
    Year of publication: 2020
    Source: Show
    Pages: 89-108
    DOI Address:
    PDF: ppk/55/ppk5505.pdf

    The authorship of work and the authorship of scientific findings do not always go together. Although the law on higher education and science introduces that popularly repeated Iine. According to that regulation, a misappropriation of the authorship of a substantial part of a copyrightable work or of the authorship of a substantial scientific finding provides grounds for the withdrawal of a scientific degree. Copyright law establishes rules under which a person who commits plagiarism can be held liable in civil and criminal court. Not only at the stage (ex post) of the withdrawal of a scientific degree and the redress of copyright infringement (e.g. retraction of an article, compensation), but even at the stage of the creation (ex ante) of scientific content one should achieve the conditions of research integrity regarding the use of one’s own and third party scientific works. Aside from the use of plagiarism checker software, we need to educate the next generations of scientists, disseminate appropriate rules of co-authorship (code of ethics for scientific research) and act against any attempts of falsifying research. In addition to plagiarism, this article also discusses the rules of citation and co-authorship.

  • Plagiat naukowy a karalny plagiat – rozważania de lege lata z perspektywy konstytucyjnego wymogu określoności znamion typu czynu zabronionego

    Author: Mateusz Tomczyk
    Institution: Uniwersytet Szczeciński
    Year of publication: 2021
    Source: Show
    Pages: 261-277
    DOI Address:
    PDF: ppk/60/ppk6016.pdf

    Scientific plagiarism and punishable plagiarism – de lege lata considerations from the perspective of the constitutional requirement of specific features of the type of a prohibited act

    Scientific work, as a “form of expression” of a scientific finding, is the result of a crea- tive, but relatively standardized work of the scientist. This “form of expression” is pro- tected under copyright law. Nevertheless, in the scientific community it happens that this is used not in accordance with the principle of fire use, i.e. fair borrowing. On this basis, the phenomenon of scientific plagiarism is born. However, there is a serious diffi- culty in distinguishing between these scientific plagiarisms, which can be understood as scientific misconduct (scientific fraud), from punishable ones under Art. 115 paragraph 1 of the Act on copyright and related rights. Not all scientific plagiarism is punishable plagiarism under this Article. Nevertheless, the current formula of the statutory hall- marks of this act is so elastic that it becomes a problem to distinguish the protected ele- ments of a scientific work from those elements which are not protected from the point of view of copyright as well as criminal law. In turn, such a state of affairs may contribute to the weakening of the principle of nullum crimen sine lege certa and stricta, and thus to interference with the freedom of scientific activity under Art. 73 of the Constitution of the Republic of Poland.

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