What is plagiarism, and is plagiarism plagiarism?

Judging from the Copyright Law of the People's Republic of China:

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 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, and whether it constitutes the main or substantial part of the plagiarized material. All the above elements shall be considered plagiarism.

I don't think it counts, who hasn't slowly risen from the shadow of others, and borrowed a few words from others when composing in elementary school, is this also called plagiarism? I think the most important thing is your own thoughts, if you don't have your own clear ideas about a work, just a random patchwork, that's a different matter.

Legal Analysis: Plagiarism refers to stealing someone else's work as one's own.

It includes two forms: completely copying the work of the Qichi people and changing its form or content to a certain extent. It is an act of infringing the copyright of others.

If the circumstances are minor and constitute a civil tort, there are four elements of infringement: the act of infringement has been committed; the result of the damage caused; There is a causal relationship between behavior and outcome. The perpetrator is subjectively at fault. In plagiarism, the act of plagiarism is carried out, which leads to the damage to the name and indirect interests of the copyright owner, and the plagiarist is subjectively at fault, so plagiarism constitutes infringement, and the plagiarist must bear civil liability for compensation, and also need to apologize and restore the name of the copyright owner.

If the circumstances are serious, it may also constitute the crime of copyright infringement, which is a crime of violating copyright management laws and regulations for the purpose of making profits, infringing the copyright of others without the permission of the copyright owner, and the amount of illegal gains is relatively large, or there are other serious circumstances. It's time to take criminal responsibility.

Legal basis: Copyright Law of the People's Republic of China Article 27 A written contract shall be concluded for the transfer of the rights provided for in items 5 to 17 of the first paragraph of Article 10 of this Law. The contract for the transfer of rights includes the following main contents:

a) the title of the work;

2) the type and geographical scope of the transferred rights;

3) the transfer price;

4) the date and manner of delivery of the transfer price;

5) Liability for breach of contract;

6) Other contents that both parties deem necessary to agree.

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.

Plagiarizing oneself is not plagiarism and is not an illegal act. Plagiarism refers to the act of stealing someone else's work as one's own, copying it exactly and changing its form or content to a certain extent under the same usage.

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 others' works;

5) Plagiarizing the works of others;

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

7) Failing to pay remuneration for the use of others' works that should have been paid;

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;