As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs, Joe photocopied a short essay on the topic to study at home. The essay proved to be an excellent argument for his side -- namely, that such a crime should be created. Although some of the other articles advanced different arguments he could use, Joe was short of time and just turned in the essay as his own and later used its ideas in the debate. Which of the following is true?
A) Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words.
B) Joe cannot use the essay in any way without infringing copyright.
C) There would be an infringement of copyright when Joe used the essay as his own work.
D) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him.
E) There can be no infringement of copyright by a student.

Question

Quizplus · Accepted Answer

Joe's initial act of photocopying the essay was an infringement of copyright, as he did not have permission to reproduce the work. However, using the ideas in the essay in his debate could also be seen as an infringement of copyright if he did not properly attribute the source of those ideas. Additionally, passing off the essay as his own work in any context would be a clear infringement of copyright. There is no exemption for students in copyright law.

As Part of His Preparation for a Debate on Whether