What is the standard for identifying copyright infringement without obvious plagiarism?
Determination of copyright infringement without obvious plagiarism The standards are not clearly defined.
Plagiarism is the act of plagiarizing other people’s works. If the plagiarism of other people's works for profit is serious and the amount of illegal gains is relatively large, it will constitute a crime of copyright infringement.
"Criminal Law of the People's Republic of China"
Article 217 [Crime of Copyright Infringement] for profit For the purpose of copyright infringement, if one of the following copyright infringement circumstances occurs and the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, computers without the permission of the copyright ownerSoftware and other works;
(2) Publishing Books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(4) Producing and selling art works that counterfeit the signatures of others.
How to identify plagiarism
Determine the difference between plagiarism and other behaviors, It can be analyzed from the following five aspects:
( 1) Look at the extent of changes made by the defendant to the original work;
(2) Look at the characteristics of the original work and the defendant’s work;
(3) Look at the nature of the work;
(4) Look at the creative skills reflected in the work and the value of the work;
(5) Look at the defendant’s intention.
Plagiarism is publishing someone else’s work as one’s own. This includes completely copying someone else’s work and to a certain extent The act of changing 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. When confirming plagiarism, it is often necessary to distinguish it from acts that are similar in form:
(1) The idea of plagiarism and utilization of copyrighted works , ideas and opinions.
Generally speaking, the author Free use of themes, themes, opinions, ideas, etc. reflected in another work to create new creations is legally allowed and cannot be considered plagiarism.
(2) The historical background, objective facts, statistics, etc. of plagiarizing and using other people’s works. The copyright laws of various countries regulate works The historical background, objective facts and statistics expressed are not protected and can be used freely by anyone. However, completely copying other people's words describing objective facts and historical background may be deemed as plagiarism.
(3) Plagiarism and fair use. Fair use is the law for authors to use other people’s works The basis for the above, oneGenerally, the copyright laws of each country determine its scope. Anything beyond the scope of fair use generally constitutes infringement, but does not necessarily constitute plagiarism.
(4) Plagiarism and coincidence. Copyright protects original works, not first-time works. If similar works are created completely independently by the author
the above knowledge This is the editor's answer to relevant legal issues. Plagiarism is an act of plagiarizing other people's works. If the plagiarism of other people's works for profit is serious, and the amount of illegal income is relatively large, it will constitute a crime of copyright infringement. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
