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:

Article 2 17 of the Criminal Law stipulates four kinds of copyright infringement:

(1) Reproduction and distribution of 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 producers of audio and video recordings without their permission;

(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.

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