Self-plagiarism, Other Topics

[KASTURI SETHI]

Dear Experts,

Can any one throw light on the meaning and scope of self-plagiarism ? I want reply in detail with examples. Whether it is suable ? if so, under which Section of Copyright Act ? I have read about it in a book but it was too brief to grasp.

Thanks a lot.

Posts / Replies

[YAGAY andSUN]

Dear Sir,

Certainly! Let's break down the concept of self-plagiarism in detail, explore its scope with examples, and understand whether it is legally actionable (suable) under Indian copyright law or any other relevant statutes.

🔍 What is Self-Plagiarism?

Self-plagiarism is the practice of reusing one’s own previously published work or submitting the same work across multiple platforms without proper disclosure or permission (if rights were transferred).

Unlike traditional plagiarism — where someone copies another person’s work without credit — self-plagiarism involves recycling one's own intellectual content in a way that misleads the audience or violates publishing ethics or contractual obligations.

🧠 Types & Examples of Self-Plagiarism:

1. Duplicate Publication

Publishing the same research paper, article, or creative work in two or more journals or platforms without proper citation or acknowledgment of the original.

Example:
Dr. A writes a paper titled “Climate Change and Indian Agriculture” and publishes it in Journal A. A year later, she submits the same paper — or slightly edited — to Journal B without disclosing the previous publication.

2. Text Recycling or “Salami Slicing”

Using large portions of previously written work (including literature reviews, methods, results, etc.) in a new publication without citation, often to inflate publication count.

Example:
A researcher divides a comprehensive study into smaller parts and publishes them as different papers, each containing overlapping content, without cross-referencing.

3. Republishing Content in Books or Theses

Including previously published material in a book, dissertation, or thesis without citation or acknowledgment of prior publication.

Example:
An author compiles previously published articles into a book, presenting them as original work in the book without disclosure.

⚖️ Is Self-Plagiarism Illegal or Just Unethical?

This is a nuanced question. Let's explore it from both academic/publishing ethics and legal (especially Indian) perspectives.

📚 Academic and Publishing Ethics:

In academia, UGC and other institutions in India strictly prohibit self-plagiarism:

• UGC (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions) Regulations, 2018:
  • Self-plagiarism is explicitly recognized as misconduct.
  • Faculty, researchers, and students may face disciplinary action for self-plagiarism (e.g., withdrawal of degrees, loss of credit, or blacklisting).

In publishing, most journals require authors to declare previous publications or related submissions. Violating these terms can result in:

• Retraction of the publication.
• Banning of the author from future submissions.
• Damage to academic credibility.

⚖️ Under Indian Copyright Law (Copyright Act, 1957)

Is self-plagiarism suable under copyright law?  

Yes — conditionally. It can be suable, but not merely because of the act of reusing content. It becomes a legal issue when copyright has been transferred or contractual obligations are breached.

✅ Situations Where Self-Plagiarism May Be Suable:

1. Breach of Copyright Assignment (Section 18–19 of the Copyright Act)

When an author assigns copyright of their work (e.g., to a journal or publisher), they no longer hold exclusive rights. Republishing the same content elsewhere without permission is a copyright violation, even though the author is the original creator.

Example:
If a researcher gives exclusive rights of a paper to Journal A and then publishes the same article in Journal B, they can be sued by Journal A for copyright infringement, under Section 51 of the Copyright Act.

2. Breach of Contract

If an author signs a publishing agreement that includes a clause preventing republication or requiring disclosure of prior work, violation of such terms may lead to a civil suit under contract law, even if not under copyright law per se.

🔴 What Self-Plagiarism Is Not (Common Misunderstandings):

• Using your ideas in new work: Reusing ideas or expanding previous theories (with disclosure and citation) is not self-plagiarism.
• Blog-to-book conversions: If an author owns full rights, discloses it, and republishes blog content in a book with acknowledgment, it is usually acceptable.

🌍 Global Context:

• In the US, self-plagiarism is not a legal offence unless it involves fraud, contract breach, or copyright violation.
• Journals affiliated with COPE (Committee on Publication Ethics) treat self-plagiarism as a serious ethical breach, subject to retraction and penalties.
• In academic evaluations, undisclosed self-plagiarism can result in career setbacks, withdrawn degrees, and institutional penalties.

✅ Key Takeaways:

Aspect	Legal Status in India
Reusing own work without transferring rights	Not suable
Reusing own work after transferring copyright	Suable under Section 51
Violating contract or publisher agreement	Suable under contract law
Ethical violation in academia	Punishable under UGC regulations

📌 Final Thoughts:

Self-plagiarism lies at the intersection of ethics, law, and academic integrity. While it may not always be a punishable offence under copyright law, it can easily become suable if it involves a copyright transfer, contract breach, or fraudulent intent.

Hence, proper disclosure, permission from copyright holders, and clear referencing are essential safeguards.

Resources/Reference for further reading: -

https://www.aje.com/arc/self-plagiarism-how-to-define-it-and-why-to-avoid-it/

https://www.researchgate.net/post/What_is_self-plagiarism3

https://blog.ipleaders.in/plagiarism-law-india/

https://www.slideshare.net/slideshow/intellectual-property-rights-and-plagiarismpptx/265893124

https://www.digitallawjournal.org/jour/article/view/107?locale=en_US

https://www.cibnp.com/self-plagiarism-what-it-is-and-how-to-avoid-it/

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[Sadanand Bulbule]

An eye opener for the so called authors.

[YAGAY andSUN]

🔍 Brainstorming Questions on Self-Plagiarism and IPRs.

1. What is the role of Artificial Intelligence in the context of self-plagiarism and intellectual property rights?
   (How does AI contribute to or complicate the understanding and identification of self-plagiarism?)

2. Has the advent of AI technologies diluted or redefined the traditional concept of infringement under Intellectual Property Rights (IPRs)?

3. When self-plagiarism contributes to societal benefit — such as enhancing public knowledge, simplifying complex issues, or enabling the development of life-saving pharmaceutical formulas — should it still be viewed as a violation under IPR law?

4. Can the reuse of one’s own prior work, if intended for educational, scientific, or humanitarian advancement, be justified as non-infringing under the broader framework of public interest?

5. Should intellectual property law evolve to accommodate ethical self-reuse in specific domains, especially in academia and life sciences?

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[KASTURI SETHI]

M/s. Yagay and Sun,

              Dear Sirs,    I am highly thankful to your for your comprehensive and topmost reply. You have devoted your precious time for me.

               Deepest and warmest regards from the core of my heart. 

              K.L.SETHI

[KASTURI SETHI]

Dear Sir,

                 You always write as  YAGAY andSUN. Should it not be as YAGAY and SUN'? Why SUN is annexed to ''and'' ?  

                  Just curious  to know.