See the definition of plagiarism.
ki.net/Article/standard/avoid/2009/06/35.html
Ki.net/Article/standard/avoid/2009/06/45.html Expert's Opinion: How to Write a Paper?
Plagiarism is a serious infringement on the copyright of others, and it is also difficult to identify it in the practice of copyright trial. Plagiarism Refers to the act of publishing other people's works as their own.
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.
Some scholars believe that judging the difference between plagiarism and other behaviors can be analyzed from the following five aspects:
(1) See how much the defendant changed the original;
(2) Look at the characteristics of the original works and the defendant's works;
(3) Look at the nature of the work;
(4) Look at the creative skills and the value of the works;
(5) Look at the defendant's intentions.
As early as 1999, the copyright management department of the National Copyright Administration made relevant provisions on the criteria for judging plagiarism.
Reply from the Copyright Administration Department of the National Copyright Administration to a municipal copyright bureau on how to identify plagiarism;
Quansi [1999] No.6
XXX copyright bureau:
Received a letter from your bureau about identifying plagiarism. After study, the reply is as follows:
1. Plagiarism and plagiarism mentioned in the Copyright Law are the same concept (hereinafter referred to as plagiarism, for the sake of brevity), which means stealing other people's works or pieces of works for their own use. Plagiarism infringement, like other infringements, requires four elements: first, the act is illegal; Second, there are harmful objective facts; Third, there is a causal relationship with the damage facts; Fourth, the actor is at fault. Because plagiarism needs to be published to produce infringement consequences, that is, the objective fact of damage, it is usually referred to as published plagiarism when identifying plagiarism. Therefore, more accurately, plagiarism refers to stealing other people's works or publishing fragments of works.
Secondly, from the form of plagiarism, there are acts of copying others' works intact or basically intact, and there are also acts of taking others' original components protected by copyright as their own after a makeover. The former is called low-level plagiarism in the field of copyright law enforcement, and the latter is called high-level plagiarism. It is easier to identify low-level plagiarism. Advanced plagiarism needs careful appraisal, even expert appraisal. Advanced plagiarism often encountered in copyright enforcement includes: changing the type of works and treating the works created by others as their own independent works, such as changing novels into movies; Instead of changing the types of works, we use elements protected by copyright in our works and change the specific forms of expression of our works. We regard the works created by others as our own independent works, such as the original plots and contents of TV dramas created by others, and regard them as our own independent TV dramas after a makeover.
Three, as mentioned above, copyright infringement, like other civil rights, should have four elements, among which, the fault of the actor includes intention and negligence. This principle is also applicable to the identification of plagiarism infringement, regardless of whether there is subjective intention to take others' works as your own.
Four, the identification of plagiarism, is not whether all or part of the use of other people's works, whether it is well received by the outside world, whether it constitutes a major or substantial part of plagiarism. Everything that constitutes the above elements is regarded as plagiarism.
Legal liability for infringing others' copyright.
(A) the concept of the crime of copyright infringement
The crime of copyright infringement refers to the act of infringing the copyright of others for the purpose of making profits, with a large amount of illegal income or other serious circumstances.
(B) the constitutive characteristics of the crime of copyright infringement
1. The object of infringement is the copyright of the copyright owner and the national management system for copyright.
2. Objectively explain that the amount of illegal income from copyright infringement is relatively large or there are other serious circumstances.
Article 2 17 of the Criminal Law stipulates four acts of copyright infringement: (1) copying and distributing written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer; (4) Making or selling works of art with forged signatures. As long as the actor has one of the above four behaviors, it conforms to the objective characteristics of the crime of copyright infringement. Among them, "without the permission of the copyright owner" refers to the situation of not obtaining the authorization of the copyright owner or forging or altering the license documents authorized by the copyright owner or exceeding the scope of authorization. Reproduction and distribution refers to the act of making a work into one or more copies by printing, copying, copying, rubbing, recording, video recording, and remaking, and selling or renting it to the public. Disseminating other people's written works, music, movies, television, video works, computer software and other works to the public through information networks shall be regarded as "reproduction and distribution" as stipulated in this article. Publishing behavior refers to the act of infringing the exclusive publishing rights enjoyed by book publishers according to law within the time limit stipulated in the contract, and profiting from pirated books. The act of making and selling refers to the act of making a work of art as someone else's signature or selling a fake work of art. Only if the amount of illegal income from infringing others' copyright is large or there are other serious circumstances can it constitute a crime of copyright infringement. If the amount of illegal income is relatively large and involves other serious circumstances, it shall be handled in accordance with Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, which was implemented on February 22, 2004.
3. The subjects of crime are individuals and units.
4. Subjectively, it is intentional and has a profit-making purpose. The situation of charging fees directly or indirectly for publishing paid advertisements belongs to "for the purpose of making profits" as stipulated in this article.
(3) Determination of the crime of copyright infringement
Draw a clear line between the crime of copyright infringement and non-criminal acts, mainly based on the following two points: First, if the actor commits copyright infringement, but the amount of illegal income is not large or there are no other serious circumstances, his civil liability shall be investigated according to the general infringement, and he shall not be punished for copyright infringement. Only if the amount of illegal gains from infringement is large or there are other serious circumstances can a crime be established. Second, although the actor objectively violated the copyright, but subjectively there is no profit-making purpose, which does not constitute a crime and should be dealt with according to the legal responsibility stipulated in the Copyright Law of People's Republic of China (PRC).
(4) Statutory punishment for copyright infringement.
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.