Does copyright plagiarism constitute an infringement? Does plagiarism constitute copyright infringem

Legal Analysis: Plagiarism may constitute copyright infringement if it meets certain conditions. According to the provisions of the law, for the purpose of making profits, with the permission of the copyright owner, the reproduction and distribution of their written works, films, television, video works, computer software and other works and other copyright infringement circumstances, where the amount of illegal gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention and/or a fine.

Legal basis: Criminal Law of the People's Republic of China Article 271 Where there is any of the following copyright infringement situations 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 and a concurrent fine is to be given

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.

Plagiarism is an act that seriously infringes the copyright of others, and if the amount of plagiarism is relatively large or there are other serious circumstances, it constitutes the crime of copyright infringement.

After the copyright is infringed, the copyright owner must first pay attention to collecting and preserving evidence, and then complain to the copyright administrative department where the infringement is carried out, the place where the infringement result occurs, and the place where the infringing copy is stored, and the copyright department will file a case for investigation and punishment of the infringement.

At the same time, the copyright owner may directly file a lawsuit with the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. After the copyright is infringed, the copyright owner must first pay attention to collecting and preserving evidence, and then file a complaint with the copyright administration department of the place where the infringement is carried out, the place where the infringement result occurs, and the place where the infringing copy is stored, and the copyright department will file a case for investigation and punishment of the infringement. The identification of high-tech enterprises and the software copyright of related ** projects are also recognized, and can be expedited, compared with the long periodicity of patents, copyright has certain advantages in this regard.

1. What is the difference between software copyright and software patent?

1. Copyright protects the content from plagiarism, and patent protects the method from theft.

2. The copyright can be protected after the completion of the work, and the patent can only be protected after passing the application review.

3. Software is protected by copyright, but only software techniques with inventiveness, novelty and practicality can be patented.

4. The identification of high-tech Danyan enterprises and the software copyright of related ** projects are also recognized, and can be expedited, compared with the long periodicity of patents, copyright has certain advantages in this regard.

After the copyright is infringed, the copyright owner must first pay attention to collecting and preserving evidence, and then file a complaint with the copyright administrative department of the place where the infringement is carried out, the place where the infringement result occurs, and the place where the infringing copy is stored, and the copyright department will file a case for investigation and punishment of the infringement.

1. The term "plagiarism" and plagiarism in the Copyright Law is the same concept (for the sake of brevity, hereinafter referred to as plagiarism), which refers to the plagiarism of other people's works or fragments of works as one's own. Plagiarism infringement, like other infringements, requires four elements: first, the act is illegal; second, there is an objective fact of damage; third, there is a causal relationship with the fact of damage; Fourth, the perpetrator is at fault.

Since the plagiarized material needs to be published in order to produce the infringement consequence, that is, the objective fact of damage, it is usually referred to the published plagiarism when determining plagiarism. Therefore, it would be more accurate to say that plagiarism refers to the publication of someone else's work or fragment of the work as one's own.

2. From the perspective of the form of plagiarism, there are acts of copying other people's works as they are or basically intact, and there are also acts of stealing the original ingredients protected by others as their own after being remodeled, the former is called low-level plagiarism in the field of copyright enforcement, and the latter is called high-level plagiarism. It is easier to identify low-level plagiarism. Advanced plagiarism needs to be carefully identified and even identified by experts.

The high-level plagiarism commonly encountered in copyright enforcement includes: changing the type of work and treating the work created by others as one's own independent work, such as changing ** into a movie; does not change the type of work, but uses the copyrighted elements of the work and changes the specific form of expression of the work, and treats the work created by others as a work created by oneself independently, such as using the original plot and content of a TV script created by another person to be used as a TV script created by oneself after being transformed.

3. As mentioned above, copyright infringement, like other rights infringement, requires four elements, among which the fault of the actor includes intent and negligence. This principle also applies to the determination of plagiarism infringement, regardless of whether there is an intentional intention to call for the work of others as one's own.

4. The determination of plagiarism is not based on whether to use all or part of another person's work, whether it has been praised by the outside world, and whether it constitutes the main or substantial part of the plagiarized material. All the above elements shall be considered plagiarism.

Article 47 of the Copyright Law of the People's Republic of China.

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 exhibition, filming, or methods similar to filming, 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) Except as otherwise provided in this Law, renting out works or audio or video recordings without the permission of the copyright owner of cinematographic works and works created by methods similar to filming, computer software, audio and video recordings or audio-visual recordings related to copyright.

Plagiarizing someone else's work violates the Copyright Law, and the infringer needs to bear civil liabilities such as stopping the infringement, eliminating the impact, apologizing, and compensating for losses, depending on the circumstances; If the circumstances are serious, it may constitute a criminal act.

Legal basis] Article 47 of the Copyright Law of the People's Republic of China provides that those who commit 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 their works 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;

Is plagiarism plagiarism? Copyright: Your ignorance will hurt you.

Is plagiarism plagiarism? Copyright: Your ignorance will hurt you.