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論著作權於學術倫理之實踐與省思
Thesis

論著作權於學術倫理之實踐與省思

張作為
Masters, 國立清華大學, 科技法律研究所
2006

Abstract

學術著作 學術倫理 智慧財產 原創性 Scholarly Works Academic Ethics Intellectual Property Originality
Generating and disseminating information is the lifeblood of academic institutions. The scholarly publishing growing markedly results from the progresses of academic results. Scholarly publishing, not only communicating one’s ideas and findings to his colleagues, but also establishes ownership of them. These issues of intellectual property ownership are important in connection with disputes between faculty members and students; they take on even broader significance when they enter the public domain. What scholar owns through copyright are not the ideas but the expression of those ideas. At the moment of their elaboration they become intellectual property. Scholarly publishing is a meant to be useful to the academic societies; however, there are issues of systems of law and ethics that who has rights to own the work. To take someone’s idea and use and use it before it published is a form of theft, but difficult to detect and to prove. To utilize someone’s idea after it has been published and acknowledged is scholarship. To borrow not only the idea but the form of expression is considered plagiarism. Institutional reputations are often based on the works developed and published by their faculties. As a matter of competition and reputation of those academic institutions, the performance of faculty members, may be measured in terms of the generation and publication of scholarly works. Thus, there is the matter of misconduct rising in allegations concerning authorship research results. This study helps to clarify the roles and relations among the academic societies and faculty members, and to establish the principles on determining who should be given authorship status for avoiding conflict.

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