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Plagiarism is actually plagiarism. Plagiarism refers to the act of stealing someone else's work as one's own, copying it exactly and altering its form or content to a certain extent in the same way of use. It is an act that seriously infringes the copyright of others, and it is also an act that is difficult to determine in the practice of copyright adjudication.
What are the criteria for determining plagiarism in general? How can it be considered plagiarism? <>
In China's judicial practice, plagiarism (plagiarism) should generally follow two criteria: first, whether the plagiarized (plagiarized) work is protected by the Copyright Law in accordance with the law; Second, whether the plagiarist uses someone else's work beyond the scope of "proper citation".
A clearer definition of plagiarism in law comes from the reply of the Copyright Management Department of the National Copyright Administration to the Municipal Copyright Office on how to determine plagiarism. Article 2 of the reply preliminarily determines the form of plagiarism: "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. <>
In the recognition of plagiarism, it is often necessary to distinguish it from acts that are similar in form: plagiarism and the use of ideas, ideas and opinions of copyrighted works; plagiarism and fair use; plagiarism and coincidence ; Plagiarism and use of other people's works historical background, objective facts, statistics, etc. <
For example, change ** to 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.
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Determining plagiarism should generally be followed, without the permission of the owner, and another point is that things are obtained without legal means.
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If it is a **work, there seems to be a proportion, and more than how many proportions can be judged to be plagiarism, **The work seems to be a similar judgment standard, and professionals need to judge it.
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It is determined that plagiarism is generally obtained by improper means to obtain money, and the owner's things are taken without his consent.
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A: Plagiarism (plagiarism) should generally follow two criteria: first, whether the plagiarized (plagiarized) work is protected by the Copyright Law in accordance with the law; Second, whether the plagiarist uses someone else's work beyond the scope of "proper citation".
Regarding the quantitative limit of "appropriate citation", Article 15 of the Detailed Rules for the Implementation of the Trial Regulations on the Protection of Books and Periodicals clearly stipulates that "citations are not poetry"; "Where a work of one or more persons is cited, the total amount of quotation shall not exceed one-tenth of the total number of works created by the person."
Plagiarism (plagiarism) of works protected by China's Copyright Law is an infringement expressly prohibited by the Copyright Law and is illegal. Article 46 of the new Copyright Law clearly stipulates that "a person who plagiarizes the work of another person shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses." ”
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In foreign countries, it is not known in China.
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In China's judicial practice, two criteria should generally be followed for determining plagiarism (plagiarism) of letter heads: first, whether the work plagiarized (plagiarized) is protected by the Copyright Law in accordance with the law; The second question is whether the plagiarist uses someone else's work beyond the scope of "proper citation".
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**The criteria for plagiarism are as follows:
1. The structure, basic arguments and content of the ** completed by others (including published and unpublished **) are basically the same, and the text consistency rate reaches more than 60%.
2. The arguments and content of the important paragraphs in the ** completed by others are basically the same (including quotations), and the text consistency rate reaches more than 70%.
3. The text of a continuous sentence (more than 300 words) completed by others is basically the same, the consistency rate reaches more than 80%, and there are no annotations, and this behavior reaches more than 2 places.
4. The text of a continuous sentence (more than 100 words) completed by others is basically the same, the consistency rate reaches more than 90%, and there are no annotations, and this behavior reaches more than 3 places.
**How to deal with plagiarism:
If the student graduates from the ** plagiarism, plagiarism, application of other people's achievements and ask someone to write on behalf of others, once discovered, the ** score will be cancelled, and the student will be instructed to re-write, and after passing the test, he will be defended and the score will be verified.
Features of Academics:
1. Academic:
The scientific nature of academic ** requires that the author must not have personal likes and dislikes in his arguments, and must not make subjective fabrications, and must earnestly proceed from objective reality and draw conclusions that conform to reality.
2. Scientific:
Academic ** belongs to the discussion in the form of basic vertical rushing, but it is different from the general discussion, it must have its own theoretical system, not just a list of materials, should be analyzed and studied a large number of facts, materials, so that perceptual understanding rises to rational understanding. Generally speaking, academic ** has an argumentative color, or a polemical color.
3. Creativity:
Scientific research is the search for new knowledge. Creativity is the life of scientific research. The creativity of academic excellence lies in the fact that the author must have his own unique opinions and be able to put forward new ideas and theories.
Fourth, theoretical:
It refers to the use of easy-to-understand language to express the scientific Tao and the truth, not only to achieve the order of the words, but also to be accurate, distinct, harmonious, and strive to be vivid.
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Online plagiarism and plagiarism mainly infringe on the author's right to modify and protect the integrity of the work. The right to modify, i.e., the right to modify or authorize others to modify the work; The right to protect the integrity of the work is the right to protect the work from distortion and tampering.
Article 47 of the Copyright Law Whereas, 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, 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) Not participating in the creation of a work in a foolish manner, but signing the work of others for the purpose of seeking personal fame or gain; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others.
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Conditions for plagiarism and plagiarism infringement ().
a.The act is unlawful.
b.There are objective facts that harm the Chinese and evil clans.
c.There is a causal relationship with the fact of damage to the cheating.
d.The perpetrator is at fault.
Correct answer: ABCD
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See the Copyright Act and its implementing regulations.
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