How to identify plagiarism of other people’s works
Plagiarizing other people’s works means stealing other people’s works as one’s own, including complete copying The work of others and the act of altering to some extent its form or content. Plagiarism is a serious infringement of the copyright of others, and it is also an act that is difficult to identify in copyright trial practice. The following is how plagiarism is legally recognized:
1. Plagiarism and plagiarism as mentioned in the Copyright Law are the same concepts, which refer to stealing other people's works or fragments of works as one's own. Plagiarism infringement, like other infringements, requires four elements: first, the behavior is illegal; second, there is objective fact of damage; third, there is a causal relationship with the fact of damage; fourth, the perpetrator is at fault. Since plagiarism needs to be published to produce infringement consequences, that is, there is objective fact of damage, so plagiarism usually refers to plagiarism that has already been published. Therefore, a more accurate statement should be that plagiarism refers to stealing other people's works or fragments of works as one's own.
2. Judging from the form of plagiarism, there are intact or basic The act of copying other people's works intact, as well as the act of stealing other people's copyright-protected original compositions as one's own after transforming them into others.The former is called low-level plagiarism in the field of copyright enforcement, and the latter is called high-level plagiarism. It is relatively easy to identify low-level plagiarism. Advanced plagiarism requires careful identification and even expert appraisal before it can be identified.
Advanced plagiarism commonly encountered in copyright enforcement There are: changing the type of the work and treating the work created by others as an independently created work, such as changing a novel into a movie; not changing the type of the work, but using the copyright-protected components of the work and changing the specific form of expression of the work, Works created by others are regarded as independently created by oneself. For example, the original plot and content of a TV script created by others are used, and then transformed into a TV script independently created by oneself.
3. Copyright infringement is the same as other infringements of rights. Four elements are required, among which the perpetrator’s fault includes intentionality and negligence. This principle also applies to the identification of plagiarism infringement, regardless of whether there is a subjective intention to treat someone else's work as one's own.
4. The determination of plagiarism shall not be based on Whether the work is used in whole or in part, whether it is well received by the outside world, or whether it constitutes the main or substantial part of the plagiarized work is transferred. Anything that meets the above requirements should be considered plagiarism.
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