First, the number of words
Many words "use" the same or similar characters, and are "used" or "used" repeatedly in many places, which has a high degree of identity or similarity. If there are only a few words, or a few words are the same, it does not constitute plagiarism. But the same number of words is not the main basis for judging plagiarism.
Second, the position of the word "Yong" in the works.
Even if some works "use" a small amount of words similar to others' works, it is enough to constitute the essence or main line of the works, which also constitutes infringement. For example, "using" classic stories created by others occupies an important position in the works or runs through the whole text, and the descriptions of the stories are basically the same, which constitutes plagiarism.
Third, is the offer reasonable?
Article 22 of the Copyright Law stipulates that the author's name and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner shall not be infringed upon. The act of "using" beyond the limit of "fair use" certainly constitutes "infringement in the sense of copyright law" and belongs to plagiarism.
To judge whether the use is reasonable, we can refer to the purpose, proportion, form, legitimacy and other factors.
Fourth, whether the same description used by the two belongs to the public domain.
According to the basic principles of the copyright law, the composition elements, original materials, facts and other creative materials of a work belong to the public domain, and anyone can use them to create. The originality of the work lies in the unique processing of these original materials by the author with his unique skills, knowledge, judgment and other thinking and expression abilities.
Therefore, when creating a new work, you can freely use the historical background, objective facts and statistical data expressed in other people's existing works, but you can never completely copy the way others describe the above materials.
When an idea has only one or several expressions, that is, when the expression and the idea are integrated, the expression enters the public domain and is excluded from the protection of copyright law, such as scientific formulas, invention schemes, design schemes, national laws, current affairs news, calendars, general tables, etc. Otherwise, the introduction of "* * * knowing" and "objective facts" should also be protected by copyright law.
Penalty clause
Article 2 17 of the Criminal Law stipulates that an individual who commits the crime of copyright infringement shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. "The amount of illegal income is huge" and "there are other particularly serious circumstances", please refer to the second paragraph of Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights.
Article 220 of the Criminal Law stipulates that if a unit commits the crime of copyright infringement, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the provisions on individual crime. According to Article 15 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, the unit that commits this crime shall be convicted and sentenced according to three times the conviction and sentencing standard of the corresponding individual crime.