Does this count as text plagiarism? Is a written work plagiarized?

Copyright Law of the People's Republic of China Article 12 The copyright of a work produced by adapting, translating, annotating, or arranging an existing work shall be adapted.

Article 45: Where any of the following infringements is committed, they shall bear the responsibility of stopping the infringement and eliminating the impact on the basis of the circumstances

Public apology, compensation for losses and other civil liabilities:

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

2) Without the permission of the co-author, treating a work created in collaboration with others as a work created by oneself alone.

Published; 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;

Where works are used in a manner such as or adaptation, translation, annotation, or other means, except as otherwise provided by this Law;

6) Using the works of others and failing to pay remuneration in accordance with provisions;

7) Without the performer's permission, live-streaming their performance;

Article 46: Where any of the following infringements are committed, they shall bear the responsibility of stopping the infringement and eliminating the impact, based on the circumstances

Public apologies, compensation for losses, and other civil liabilities, and may be confiscated illegally by the administrative copyright management departments.

Income, fines and other administrative penalties:

1) Plagiarizing or plagiarizing the works of others;

2) Without the permission of the copyright owner, reproducing and distributing their works for the purpose of making profits;

3) Publishing books for which others enjoy exclusive publishing rights;

4) Making audio or video recordings of performers' performances for publication without their permission;

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

6) Reproducing and distributing radio or television programs produced by radio or television stations without the permission of their radio or television stations;

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

Counting infringement, 30% is too much!

This is imitation, and it is not plagiarism.

Criteria for plagiarism in written works:

1. The plagiarized original work is protected by copyright-related laws;

2. The plagiarized work exceeds the scope and degree of appropriate quotation prescribed by law;

3. Other standards for plagiarism of literary works as determined by the law.

[Legal basis].Article 52 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

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 and disrupting the creation 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;

1. At present, there is no law that provides a clear definition of "plagiarism", and in practice, the relevant content of the reply to plagiarism in the "Quan Si [1999] No. 6" of the National Copyright Administration will be cited.

2. Explanation of "plagiarism" in this reply:

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 another person's work or a fragment of the work as one's own. Plagiarism and infringement, like other acts of infringement and seizure of rights, must meet 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 to produce the infringement consequence, that is, the objective fact of damage, it usually refers 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 the works of others as they are or basically intact, and there are also acts of stealing the original elements 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 in 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 others, and after changing it as a TV script created by oneself as a TV script created by oneself independently.

3. As mentioned above, copyright infringement, like other civil rights, 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 subjective intent to treat 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, or whether it constitutes the main or substantial part of the plagiarized material. All the above elements shall be considered plagiarism.

Legal analysis: The criteria for determining whether the other party's written work is plagiarized are mainly considered from two aspects, one is whether the plagiarized work is protected by the copyright law, and the other is whether the plagiarized work is appropriately cited.

Legal basis: "Copyright Macro Law of the People's Republic of China" Article 47 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 the 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) Failure to participate in the creation, but for the purpose of seeking personal fame and fortune, signing on the works of others;

Criteria for determining plagiarism in a written work:

1. The plagiarized original work is protected by the relevant laws of copyright designation;

2. The plagiarized work exceeds the appropriate scope and degree of citation prescribed by law;

3. Other standards prescribed by law for plagiarism of literary works.

[Legal basis].Article 52 of the Copyright Law of the People's Republic of China.

1) Publishing the work without the permission of the person with the copyright loss;

2) Publishing a work created in collaboration with others as a work created by oneself without the permission of the co-author;

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;

Plagiarism refers to the copying of someone else's work as the person's own publication without original labor and substantially similar. Plagiarism can generally be divided into two types, one is low-level plagiarism, which is to take someone else's work as it is or basically as it is. Another kind of filial piety is relatively high-level plagiarism, and it is more difficult to judge high-level plagiarism, because of the change, even professionals have different understandings, such as changing the type of work and treating the works created by others as their own independently created works, 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, and after changing it as a TV script created by oneself as one's own independently created TV script.