Whether advanced plagiarism is a copyright dispute
Whether advanced plagiarism is a copyright dispute, it mainly determines whether the behavior of advanced plagiarism is It is a copyright infringement. If it is an infringement, it is a copyright dispute.
In judicial practice, commonly used principles for determining copyright infringement There are:
1. The dichotomy of thought and expression
Excluding the ideas of the work from the protection of copyright law outside the range. This is a basic requirement of copyright law principles.
Thoughts and expressions can be clearly understood in general works distinction, but in computer software works, the boundaries are not clear.
Furthermore, even if it belongs to thoughtExpression, but the expression belongs to the public domain. For example, if it is a unique expression, the expression is also not within the scope of protection.
2. Principle of contact and similarity
After separating thought and expression, public domain and private domain, If two works are identical or similar, plagiarism can be determined by whether the authors of the two works have contact or there are traces of contact in the works.
If the right holder’s work is the same or similar to the defendant’s , and the defendant cannot provide its creative process to prove that it did not imitate but created independently, the infringement is established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work must prove that he has not had contact with the plaintiff's work, otherwise it can be presumed that there has been contact.
In judging whether two works are the same or similar, There is the so-called substantive part, that is, the accused work imitates the substantive part of the right holder's work. However, what is the substantive part of a work and how to judge the substantive part is still a matter of opinion. This remains to be further explored in judicial practice.
How to resolve copyright disputes
As for how to resolve copyright disputes, in practice, there are generally the following methods: reconciliation, mediation, arbitration, litigation, and submission to copyright administration.Department complaints.
1. Reconciliation.
Reconciliation is initiated by the parties themselves and is not subject to judicial proceedings , direct restraint and control of the judge’s powers. In real life, the focus of some copyright disputes has often been clarified by precedents. The parties can reach a settlement based on the precedents and relevant laws, thus minimizing the social cost of resolving disputes.
2. Mediation.
Mediation is a type of civil dispute with Chinese characteristics The settlement method is a method for the parties to the dispute to reach an agreement to resolve the dispute on the basis of mutual understanding based on the principle of voluntariness.
3. Arbitration.
Arbitration is conducted by an arbitration institution in accordance with the law in accordance with the arbitration clause. Legal actions to resolve copyright disputes. Arbitration procedures are similar to judicial procedures, but are simpler and faster than judicial procedures.
4. Litigation.
V.Litigation is a way for the People's Court to resolve copyright disputes through trial procedures. Among the ways to resolve copyright disputes, litigation has the widest scope of application and is also the most important.
The above knowledge is the editor’s opinion on “whether advanced plagiarism "Belongs to a copyright dispute" question, whether advanced plagiarism is a copyright dispute, mainly determines whether the behavior of advanced plagiarism is a copyright infringement. If it is an infringement, it is a copyright dispute. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
