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Khan died, that's not plagiarism, plagiarism is the plot and characters and other settings are roughly the same, and your friend is original, not plagiarism.
Let's take a look at the concept of plagiarism.
Stealing someone else's work as your own. This includes the act of copying someone else's work in its entirety and altering its form or content to a certain extent.
Plagiarism is an act that seriously infringes the copyright of others, and it is also an act that is difficult to identify in the practice of copyright adjudication. In the recognition of plagiarism, it is often necessary to distinguish it from similar acts in form: (1) plagiarism and the use of ideas, ideas and opinions of copyrighted works.
Generally speaking, the author's freedom to use the themes, themes, opinions, ideas, etc. reflected in another work to create new creations is legally permissible and cannot be considered plagiarism. (2) Plagiarism and use of the historical background, objective facts, statistics, etc. of others' works. The copyright laws of various countries do not protect the historical background, objective facts and statistics expressed in the work, and anyone can use it freely.
However, completely copying other people's words describing objective facts and historical background may be found to be plagiarism. (3) Plagiarism and fair use. Fair use is the legal basis for the author's exploitation of another person's work, and its scope is generally determined by the copyright laws of each country.
Anything beyond the scope of fair use generally constitutes infringement, but it is not necessarily plagiarism. (4) Plagiarism and coincidence. Copyright protects original works, not original works.
If a similar work is created by the author completely independently, it cannot be considered plagiarism.
Some scholars believe that the difference between plagiarism and other behaviors can be analyzed from the following five aspects: (1) the degree of alteration of the original work by the defendant; (2) look at the characteristics of the original work and the defendant's work; (3) look at the nature of the work; (4) Look at the creative skills and value of the work embodied in the work; (5) Look at the defendant's intentions.
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It must be more than 25 words to count. Embarrassment.
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You have to ask Guo Jingming about this question, hehe.
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Legal Analysis: Plagiarism to the extent of 10% is plagiarism. Quotations of non-poetic works shall not exceed 2,500 words or one-tenth of the cited work; Where a work by one or more persons is cited, the total amount cited shall not exceed one-tenth of the total number of works created by the person.
If there are more than 5 similarities in a work, it can be regarded as minor plagiarism; More than 10 can be counted as serious plagiarism; If there are more than 20 similarities, it should be counted as plagiarism; More than 30% of the similarities are serious plagiarism.
Legal basis: Article 52 of the Copyright Law.
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 as one's own; Cover stupidity.
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.
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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.
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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.
Judging from the Copyright Law of the People's Republic of China: >>>More
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. >>>More
When I was in elementary school, there was a final exam when I couldn't do it, so I secretly copied the book, but because I was too nervous, the book fell out, and I never copied it again.
It's not a different story after all.
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