It is difficult to defend rights against plagiarism in online articles. How to identify plagiarism
1. Plagiarism and plagiarism as mentioned in the Copyright Law are The same concept 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 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. 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 commonly encountered in copyright enforcement include: 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; changing the type of work but using copyright-protected elements in the work 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 then transforming it into a TV script independently created by oneself.
3. As mentioned above, copyright infringement, like other infringements of rights, requires four elements. Among them, the perpetrator's fault includes intentionality and negligence. This principle is also the same Applicable to the determination of plagiarism infringement, regardless of whether there is a subjective intention to treat other people's work as one's own.
4. The identification of plagiarism does not depend on whether the work of others 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. For transfer. Anything that constitutes the above elements should be considered as plagiarism.
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