When confirming plagiarism, it is usually necessary to distinguish it from formally similar behaviors:
(1) ideas, concepts and viewpoints of copying and using copyrighted works. Generally speaking, the author is free to use the theme, subject matter, ideas and viewpoints reflected in another work for new creation, which is permitted by law and cannot be regarded as plagiarism.
(2) Copying and using the historical background, objective facts and statistical data of other people's works. Copyright laws in various countries do not protect the historical background, objective facts and statistical data expressed by the works themselves, and anyone can use them freely. However, completely copying others' words describing objective facts and historical background may be considered plagiarism.
(3) Plagiarism and fair use. Fair use is the legal basis for authors to use other people's works, and its scope is generally stipulated by copyright laws of various countries. Anything beyond the scope of fair use generally constitutes infringement, but it is not necessarily plagiarism.
(4) Plagiarism and coincidence. Copyright protects original works, not original works. Similar works, if created by the author completely independently, cannot be regarded as plagiarism.
Extended data:
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.
Baidu Encyclopedia-Paper Coincidence
Baidu encyclopedia-paper plagiarism