(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:
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).
Baidu encyclopedia-paper plagiarism