Is plagiarism a crime of copyright infringement
Plagiarism and copying other people’s works is considered a copyright infringement.
Plagiarism refers to the perpetrator deliberately copying the works of others without leaving them intact. The act of publishing works under the false name of one’s own after changing one’s identity or changing one’s identity. The act of plagiarizing other people's works is tantamount to stealing and robbing. It is the most serious infringement of copyright and is very bad in nature. It not only infringes on the author's rights and deceives the disseminator of the work and the public who obtain the work, but also violates social justice. , polluting the style of writing.
The crime of copyright infringement refers to the crime of profit-making, Violating copyright management laws and regulations, infringing the copyright of others without the permission of the copyright owner, obtaining a large amount of illegal income, or having other serious circumstances.
The crime of copyright infringement is subjectively intentional, and With profit-making purpose. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of other people's works has expired, or even if the perpetrator does so intentionally but for non-profit purposes such as pursuit of reputation, the crime of copyright infringement cannot be constituted.
The objects infringed by this crime include not only the state's management order of the cultural market, but also the copyright that the copyright owner enjoys in accordance with the law in his or her works, and the rights that the owner of neighboring rights of the work enjoys in accordance with the law in the dissemination of his or her works. The so-called "Owner of neighboring rights of a work" refers to the disseminator of the work, such as publishers of books, newspapers, audio and video products, artistic performers, etc.; objectively speaking, it is for profit-making purposes, in violation of copyright management regulations, without the permission of the copyright owner, Infringement of the copyright of others, illegal gains of a large amount, or other serious circumstances.
In confirming plagiarism, it is often necessary to distinguish it from formally similar behaviors:
1. Plagiarism and utilization of the thoughts, ideas and opinions of copyrighted works. Generally speaking, the author is free to use New creation of themes, themes, ideas, etc. reflected in another work is legally allowed and cannot be considered plagiarism.
2. The historical background, objective facts, statistics, etc. of plagiarizing and using other people's works. The copyright laws of various countries express the history of the work. Background, objective facts and statistics are not protected in themselves and can be used freely by anyone. However, completely copying other people's words describing objective facts and historical background may be deemed as plagiarism.
3. Plagiarism and fair use. Fair use is the legal basis for the author to use other people's works, generally by Each country's copyright law stipulates its own scope. Anything beyond the scope of fair use generally constitutes infringement, but it is not necessarily plagiarism.
4. Plagiarism and coincidence. Copyright protectionis an original work, not the first. Similar works cannot be considered plagiarism if they are created completely independently by the author.
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