How to identify plagiarism
1. Plagiarism and plagiarism as mentioned in the Copyright Law are the same concept (for the sake of simplicity (hereinafter collectively referred to as plagiarism) refers 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 when plagiarism is determined, it usually refers to published plagiarism. 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. From the form of plagiarism, there is the act of copying other people's works intact or basically intact, and there is also the act of stealing other people's copyright-protected original contents as one's own after reshaping them. The former In the field of copyright enforcement, it is called low-level plagiarism, 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 often encountered in copyright enforcement includes: changing the type of work and treating a work created by others as one's own independently created work, such as changing a novel into a movie; not changing the type of work, but using copyright-protected parts of the work composition and change the specific form of expression of the work, and treat the work created by others as a work independently created by oneself, such as using the original plot and content of a TV script created by others, and transforming it into a TV script independently created by oneself.
3. As mentioned above, copyright infringement, like other civil rights, requires four elements, among which , the actor’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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