What is Plagiarism and When Is it Illegal for a Company?

Where Does Plagiarism Cross the Line? When Copying Becomes Illegal for Companies

Plagiarism is far more than just a buzzword in business and marketing circles; it’s a genuine risk that can shape your company’s reputation, bottom line, and legal standing. For business owners and marketers, understanding plagiarism and when it becomes an illegal act is crucial for building credibility and safeguarding intellectual property. The IP attorneys at Emerson Thomson Bennett break down what plagiarism is, how it differs from copyright infringement, and what your business can do to avoid costly mistakes.

What Is Plagiarism (and Why Should You Care)?

Plagiarism is the act of presenting someone else’s words, ideas, or creative work as your own. Although often associated with schools and academia, plagiarism has real-world consequences for businesses. If a company website, blog, or ad campaign recycles content without proper attribution, it risks both public backlash and legal repercussions.

But the stakes are even higher. A single act of plagiarism can tarnish a brand’s reputation, erode customer trust, and even lead to lawsuits if copyright is violated. Whether you’re running a marketing team or building a brand from scratch, understanding where ethical boundaries lie is essential.

Breaking Down Plagiarism in Business

At its core, plagiarism involves using someone else’s material without proper acknowledgement. But the concept is broader than “copy-paste” theft. Here’s what you need to know counts as plagiarism:

• Direct copying: Lifting entire text, graphics, or audio and passing it as your own.
• Paraphrasing without credit: Rewriting ideas or content with small tweaks but not giving credit to the original creator.
• Unintentional plagiarism: Failing to provide clear citations or misunderstanding what constitutes original work.

Plagiarism Is an Ethical Breach

Even if a work isn’t protected by copyright, using someone else’s ideas or words without attribution isn’t just lazy; it’s unethical. Customers, partners, and search engines look for authenticity. When your brand passes off someone else’s work as original, it breaches the trust fundamental to business relationships.

Common Scenarios in Business and Marketing

• Copying competitor website content for product descriptions
• Lifting testimonials, images, or marketing copy without permission or credit
• Republishing blog posts with minor changes as your own unique content
• Using stock images or graphics without proper licenses or attribution

Plagiarism vs. Copyright Infringement: Drawing the Line

The biggest source of confusion? Not all plagiarism is illegal, but some forms certainly are.

Copyright is a type of intellectual property law. It gives original creators exclusive rights to use, distribute, or modify their work. Copyright protection applies to literary, musical, dramatic, artistic, and certain other intellectual works as soon as they’re fixed in a tangible form (for example, written down, recorded, or published).

Plagiarism = Ethical Issue, Copyright Infringement = Legal Issue

• Plagiarism is failing to give credit; it’s an ethical violation that can damage a brand’s credibility.
• Copyright infringement is the unauthorized use of protected work; it’s a legal violation that can result in lawsuits, fines, and even court orders.

When Do They Overlap?

• All copyright infringement is a form of plagiarism, but not all plagiarism is copyright infringement.
  • Example 1: Copying a competitor’s blog post word-for-word and posting it on your website is both plagiarism (no attribution) and copyright infringement (unlawful use of protected work).
  • Example 2: Using an idea or basic fact (not protected by copyright), but failing to cite where you found it, is plagiarism, but not copyright infringement.

Consequences of Plagiarism for Companies

Plagiarism isn’t just a matter of academic dishonesty. For companies, the consequences can be swift and severe.

Legal Consequences

If plagiarism involves copyright-protected material:

• Lawsuits: Copyright owners can sue your business for unauthorized use.
• Statutory damages and penalties: Courts can award actual or statutory damages, sometimes amounting to thousands of dollars per work infringed.
• Court injunction: Businesses may be legally required to remove or destroy infringing content.

Reputational Damage

Clients, partners, and employees want to work with brands they trust. Allegations of plagiarism can lead to:

• Negative media coverage
• Social media backlash
• Diminished customer loyalty
• Breakdown of business relationships

Financial Losses

The ripple effects of plagiarism can harm sales, lead to canceled contracts, and deter potential partners. Business opportunities dry up fast when a company’s credibility is in doubt.

Real-World Scandals

• Lush Cosmetics (2016): Accused of plagiarizing a blogger’s content for commercial purposes, their reputation took a temporary hit as the incident made headlines.

Avoiding Plagiarism in Business

No company is immune, but every company can put safeguards in place.

Proper Citation and Attribution

• Always credit original creators, even when paraphrasing or using stock content.
• Use clear and consistent styles for footnotes, endnotes, and source credits throughout content, marketing campaigns, and presentations.

Plagiarism Detection Tools

• Use software like Copyscape, Grammarly, or Turnitin before publishing or submitting any business content to ensure accuracy and originality.
• These tools scan for direct matches and similar phrasing, helping you catch unintentional slips.

Creating Original Content

Best practices for originality:

• Invest in content creation teams, not just content rewriters.
• Encourage brainstorming sessions instead of “research and rewrite” projects.
• Foster a culture that rewards unique thinking and honest attribution.

Training Employees and Contractors

• Establish clear internal policies regarding the use of acceptable content and citation procedures.
• Offer training sessions on the risk of plagiarism and copyright guidelines.

How Emerson Thomson Bennett Can Protect Your Business

Legal guidance can make the difference between a thriving, innovative business and a company bogged down by costly disputes.

Copyright Law Services

Our team at Emerson Thomson Bennett focuses on copyright protection:

• Registering copyrights: Establishing legal ownership to strengthen your protection if infringement occurs.
• Advising on fair use: Helping you interpret complex fair use laws and avoid risky shortcuts in marketing or content creation.
• Litigating infringement cases: Representing clients in pursuit of their rights or defense against copyright claims.

Preventing Unintentional Copyright Violations

We offer strategic consulting to help clients:

• Audit existing content for potential risks.
• Create internal programs to monitor and flag possible plagiarism or copyright issues.
• Educate teams about evolving best practices in content production.

Support Throughout the Litigation Process

If you face accusations of plagiarism or copyright infringement, our experienced litigators provide robust and practical guidance. We keep you actively involved in the process, ensuring that your business interests are prioritized every step of the way.

Safeguard Your Reputation and Grow Your Business with Confidence

Plagiarism is more than a minor slip; unchecked, it can lead to legal headaches, wasted resources, and lasting reputational scars. By understanding the distinction between plagiarism and copyright infringement, establishing best practices, and seeking skilled legal guidance, your business can create and promote content with integrity and confidence.

Whether you’re launching a product or scaling your marketing efforts, prioritize original creation and ethical attribution. If you have concerns about protecting your work or navigating a potential infringement claim, contact the experienced attorneys at Emerson Thomson Bennett, who focus on turning intellectual property into a source of strength for your company.