Is copying considered an infringement?
In our country’s copyright law, copying is not completely equivalent for copying. Whether a copied work is a copy or an interpretation of the original work should be determined on a case-by-case basis by the judicial department based on the specific circumstances of the copied work. If the copied work is a copy without originality, and the identity of the author of the original work is not indicated on the copy, the act is essentially suspected of plagiarizing the original work, and may become a copyright infringement act according to Article 47 of the Copyright Law. . When the copied work is original, the copied work is a new work derived from the original painting and is a interpretation of the original painting, and the person who copied the copy also enjoys copyright on the work. However, according to the provisions of Article 12 of the Copyright Law, the author of a derivative work shall not infringe the copyright of the original work when exercising the copyright of his derivative work.
The copyright infringement behavior of the infringer and the publishing behavior of the publisher are generally regarded as joint infringement in judicial practice. Only copyright infringement and no publishing activities can hardly constitute substantial infringement; but without plagiarism and other infringements, there is no publishing activity at all.
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