I beg advice from a master, is this plagiarism or infringement?

It's not a different story after all.

Infringement does not mean plagiarism. Plagiarism refers to the act of plagiarizing another person's work or a fragment of a work as one's own. Infringement refers to the illegal act of infringing on the personal property or intellectual property rights of others, and should bear civil liability in accordance with the law. Plagiarism is an infringement.

Article 52 of the Copyright Law Whoever commits any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses: (1) Publishing his work without the permission of the copyright owner; (2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) did not participate in the creation, but signed the works of others in order to seek personal fame and fortune; (4) Distorting or usurping Sun Yan's alteration of others' works; (5) Plagiarizing the works of others.

1) Literary works (including words and language); (2) **Works (including music and lyrics); (3) Dramatic works (including soundtracks); (4) Dance and pantomime creation; (5) Drawings, engravings and engravings and other works of art; (6) Photographic works and **; (7) Films and other audio-visual works; (8) Maps, technology and architectural graphics. 2. It must be an exclusive right expressly protected by the Copyright Law. In general, the following items are included:

1) Right of reproduction; (2) the right of issuance; (3) the right to lease; (4) the right to exhibit; (5) Performance rights; (6) Screening rights; (7) Broadcasting rights; (8) The right to disseminate information on the network; (9) Filming rights; (10) Adaptation, translation and compilation rights. In addition to the above-mentioned economic benefits, copyright also has a human value. 3. The victim must have a copyright.

When the plaintiff files a copyright infringement lawsuit, it should first prove that it enjoys the copyright. 4. The victim must prove that the other party has infringed, that is, infringed several special rights of the copyright owner protected by law. Reproduction, exhibition, performance, distribution, etc. are all objective acts, and it is easier to determine whether infringement has occurred.

However, in the case of "plagiarism", that is, because "ideas" are not protected, "expressions" other than "concepts" must first be separated as the subject matter of protection. Plagiarism cannot be limited to the similarity of one word, and its judgment will inevitably have subjective value judgments and lack of objective standards.

Constitutive elements of copyright infringement.

1) Publishing a work without the permission of the copyright owner;

The constitutive elements of a general tort refer to the factors that must be present to constitute a tort under ordinary circumstances. Only when these factors are present can a tort be established. The constitutive elements of a general tort include:

There are four aspects: the existence of harmful conduct, the existence of harmful facts, the causal relationship between the harmful conduct and the harmful facts, and the subjective fault of the perpetrator.

Legal analysis: Plagiarism mainly infringes on the author's right to modify and protect the integrity of the work. Where there is an act of plagiarism and infringement, civil liability such as stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses shall be borne according to the circumstances.

Legal basis: Article 52 of the Copyright Law of the People's Republic of China Article 52 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances:

1) Publishing a work without the permission of the copyright owner;

(2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

(5) Plagiarizing the works of others.

6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Using the works of others, where remuneration should be paid but not paid to the grandchildren;

8) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

Legal Analysis: Plagiarism mainly infringes on the author's right to modify and protect the integrity of the work. Where there is an act of plagiarism and infringement, civil liability such as stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses shall be borne according to the circumstances.

Legal basis: Article 52 of the Copyright Law of the People's Republic of China Article 52 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances:

Laughing and verifying) Publishing his work without the permission of the copyright owner;

(2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

(5) Plagiarizing the works of others.

6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure to pay remuneration for the use of another person's work;

8) Renting out originals or reproductions of their works or audio-visual recordings without the permission of the copyright holders, performers, or producers of audio-visual or video recordings, except as otherwise provided by this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the permission of the performers, live broadcasts or public transmissions of their live performances, or recordings of their performances;

Collect and preserve evidence, and then file a complaint with the copyright administrative department in the place where the infringement was committed, the place where the infringement occurred, and the place where the infringing copies were stored, and the copyright department will file a case for investigation and punishment of the infringement. Bring a lawsuit to the Intermediate People's Court of the place where the infringement occurred or where the defendant is domiciled. Article 48 of the Copyright Law provides that a person who commits any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact of the surplus, making a formal apology, and compensating for losses; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate the materials, tools, equipment, and so forth that are mainly used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: It is a copyright infringement. Plagiarism is an act of plagiarizing the works of others, and if the circumstances of plagiarizing the works of others for profit are serious, and the amount of illegal gains is relatively large, it will constitute the crime of copyright infringement.

Legal basis: Criminal Law of the People's Republic of China Article 217: Where copyright infringement is committed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine: (1) Reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings that they secretly produced without the permission of the producer of the audio recording; (4) Producing or counterfeiting works of art signed by others.