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To put it simply, it is not infringing. Wu Chengen and Cao Xueqin have long since passed away, and their works have entered the public domain, which is considered public copyright, so there is no infringement, in other words, we can think that each of us owns the copyright of their work, and at the same time, everyone does not have the copyright of their work.
According to the Copyright Law of the People's Republic of China, the right of publication, reproduction, distribution, rental, information network dissemination, adaptation, translation, compilation, etc., of citizens' works shall be protected for life and 50 years after the author's death, ending on December 31 of the fiftieth year after the author's death; In the case of collaborative works, by December 31, fiftieth year after the death of the last deceased author.
From this bill, we can know that those classic works have long since passed the copyright protection period, so they can be used by others to make money on the Internet. However, this profit does not include the value of the author, but only includes the value of layout design, typesetting and operation. In addition, although many rights in relation to the work of citizens disappear 50 years after their death, some rights still exist, such as the author's right of authorship, the right of correction, and the right to protect the integrity of the work are not limited by 50 years.
Finally, I will talk about the question of ** for famous books. Paid reading** There is a phenomenon similar to "Wu Chengen's authorized distribution" and "Cao Xueqin's invitation to pay", not because they intended to do so, but because they originally ignored this point when designing the program and did not make a new treatment for these works that have entered the public domain. The "copyright" we see when we pay to read** to read classic masterpieces, the copyright here does not refer to the copyright of the original book, the copyright here refers to the copyright of the publishing house.
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From a legal point of view, it cannot constitute an infringement, but in practical terms, it is ironic, and it is disrespectful to the ancients and traditional culture.
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These practices are infringement, and the practices are very unreasonable, because these four masterpieces cannot be "sold" in this way, and they need to be protected in order to better promote traditional culture.
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If it is determined to be plagiarism, including the main circumstances of **, the infringement shall be subject to administrative fines, infringement compensation and other liabilities.
There is a question of whether it is intentional or not, that is, if you know that the other party's film and television or ** plot and deliberately plagiarize, it is infringement, if you don't know that others ** have similar plots, it is just a coincidental similarity, then it is not infringement.
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No, as long as it's not like Guo Jingming.
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Have you ever heard of a big copy of the world's articles, it depends on whether you can copy it or not, if your ** is written according to someone else's from beginning to end, the story is probably the same, but the name is different, and people are fried at a glance. But if you copy this book and copy that book, and then connect it with your own creativity, this is the genius of copying. The articles are like this, the stories in your books are also in other people's books, but there are only a little similarities, so it is not considered plagiarism.
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Counted as infringement. If you want to shoot, contact the author, and if the author dies, find the author's direct beneficiary. It's safer that way.
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Even if it is not used for business, it is necessary to obtain the consent of the other party, and if you want to quote other people's articles in the general academic world, you must also tell others about it. So you'd better contact the author of **.
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If there is not much interest, there will be no problem. It would be better to get the author's consent if possible (if still alive).
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It's best to talk to the original author before making a decision.
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If there is a big adaptation, it doesn't count, but if there is no change or the name is the same, it is dangerous.
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If there is no consent of the author, it is considered infringement, and if it is agreed, it is not counted.
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China's copyright law stipulates that fair use must constitute the following four conditions: (1) the work to be used must have been published; (2) the purpose of using the work must be for non-commercial purposes; (3) fair use shall not infringe upon other legal rights other than the copyright owner's copyright property rights; (4) Fair use also requires respect for the moral rights of the copyright owner of the used work, and the name of the author, the title of the work, and the source of the work must be indicated when using the work.
You check these conditions yourself, if there is a discrepancy, it is likely to infringe, so be cautious.
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But most of the rest on the Internet are carried privately except for the starting point, but the author will generally not be pursued because he can expand his popularity, and you can also find it yourself, but don't look for too many famous ones, basically it's fine!
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According to the provisions of the Copyright Law of the People's Republic of China, when the copyright owner and the neighboring right holder find that their rights have been illegally infringed, they can resolve the infringement dispute through mediation, arbitration and litigation. 1. Mediation refers to the dispute resolution method in which the parties reach a settlement agreement under the auspices of the mediation organization when a dispute occurs. Mediation organizations may be copyright administrative departments and other departments, as well as other social groups and mass organizations.
Copyright infringement disputes and contract disputes can be resolved through mediation. 2. Arbitration refers to the dispute resolution method in which an arbitration institution adjudicates the dispute between the parties in accordance with certain arbitration procedures. Copyright arbitration is conducted by copyright arbitration institutions, which is mainly applicable to the resolution of copyright contract disputes, and there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards.
3. Litigation of copyright refers to a way to resolve copyright disputes through litigation procedures by filing a lawsuit with the people's court. Litigation is the main way to resolve copyright disputes as stipulated in the Copyright Law of China. In addition, the people's court enforcing the arbitration application has the right not to enforce the arbitral award if it finds that the arbitral award is illegal, and the parties may also file a lawsuit with the people's court for contract disputes.
Legal basis: Article 51 of the Copyright Law of the People's Republic of China: In order to stop infringement, the copyright owner or the right holder related to copyright may apply to the people's court for preservation of evidence before filing a lawsuit if the evidence may be destroyed or difficult to obtain in the future. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.
Where the applicant does not initiate litigation within 15 days after the people's court adopts the preservation measures, the people's court shall lift the preservation measures.
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I don't know if your so-called excerpt is a copy of a large paragraph, but just a name change.
If that's the case, it's better to change it, because it's not very good.
In fact, some of the works of modern Chinese writers have obvious imitations of foreign literary works, some of which are very inferior, and some of which are very successful.
As 5352573352 said, this aspect of intellectual property is more sensitive now.
So, if you really think that passage is too good to give up, it's best to savor that passage, read the meaning of it (it may be a little difficult, but read it a hundred times, and you will see its meaning) and apply that connotation to your work.
And I think in the process of savoring it, you're going to get inspired.
good luck
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If you're going to publish a book, it's better not to have any one place that is the same.
That's how I was, being told plagiarism by readers.
As a result, the one I copied was originally written by me.
Therefore, even if you have the same thoughts and feelings, you will be said to have copied it.
The best thing is not to have more than 50 words in the same place.
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Beauty, if you don't say it, it's fine, it's just a paragraph, but as a moral person, it's better to say it's good.
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Personally, I feel that it is better to add comments, and now I am more sensitive in this regard, and it is easier to say if there is a problem in the future. I'm not an insider. You can consult a lawyer in this area.
Shelving is now two writers.
Huai'an Wu Chengen Middle School.
Wu Chengen (1501-1582), the name Ruzhong, was a native of Yangshan. Han nationality, a native of Shanyang County, Huai'an Prefecture (now Chuzhou District, Huai'an City, Jiangsu Province). He was an outstanding Chinese scholar in the Ming Dynasty and the author of "Journey to the West", one of the four famous novels. >>>More