1. Will you be jailed for plagiarizing novels?
1. Plagiarizing novels You won't necessarily go to jail. The conditions for criminal penalties are: the plagiarist has a subjective mentality and is for profit; the plagiarism leads to a large amount of illegal gains or other serious circumstances, which means it is criminally punishable; the plagiarist's behavior and loss results are Causal relationship.
2. Legal basis: Article 217 of the "Criminal Law of the People's Republic of China". For the purpose of profit, any of the following copyright infringement circumstances is illegal. If the amount of illegal income is huge 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 income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. Penalties:
(1) Copying and distributing written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner ;
(2) Publishing books for which others have exclusive publishing rights;
( 3) Copying and distributing audio and video recordings without the permission of the producer of the audio and video recordings;
(4) Producing and selling works of art that counterfeit the signature of others.
2. How to determine whether a novel is plagiarized
In confirming plagiarism, it is often necessary to perform actions that are similar in form Make a distinction:
(1) Plagiarism and utilization of thoughts, ideas and opinions of copyrighted works. Generally speaking, an author freely exploits themes, themes, themes, themes, etc. reflected in another work.New creations of opinions, thoughts, etc. are legally allowed and cannot be considered plagiarism.
(2) Plagiarizing and using the historical background, objective facts, statistics, etc. of other people's works. The copyright laws of various countries do not protect the historical background, objective facts and statistics expressed in the work itself, and anyone can freely use it. However, completely copying someone else’s words that describe objective facts and historical background may be considered plagiarism.
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