Joke Collection Website - Bulletin headlines - Is it copyright infringement to cite Baidu terms in published articles?
Is it copyright infringement to cite Baidu terms in published articles?
What percentage of articles are cited as copyright infringement? How to define plagiarism?
Reference 1:
Generally speaking, plagiarism in China's judicial practice should follow two standards: first, whether the plagiarized (plagiarized) works are protected by copyright law; Second, whether the plagiarist uses other people's works is beyond the scope of "appropriate citation". Regarding the limitation of the number of "appropriate citations", Article 15 of the Detailed Rules for the Implementation of the Trial Regulations on the Protection of Books and Periodicals in China clearly stipulates: "The citations of non-poetic works shall not exceed 2,500 words or one tenth of the cited works"; "If one or more works are cited, the total number of citations shall not exceed one tenth of the total number of works created by me". Some people also object to this quantitative restriction, thinking that it is difficult to grasp the identification of plagiarized (plagiarized) works simply from the quantity, but mainly from the "quality". This view is not unreasonable, but how to determine it from the "quality" is also difficult to grasp. -Excerpted from China Information Industry Network: Zhang Hongxia's Legal Definition of Plagiarism and Plagiarism.
Quote 2:
Professor He Yunfeng, the founder of Hero Net, which is famous for providing anti-plagiarism and anti-plagiarism services, explained when answering the definition standards of plagiarism, plagiarism and quotation: "If 20 Chinese characters in a paragraph are completely or more than 90% identical, without indicating the source, they can be regarded as the same. If there are more than five similarities in a work, it can be counted as mild plagiarism; Anything over 10 can be counted as serious plagiarism; More than 20 similarities should be counted as plagiarism; More than 30% are exactly the same, which is a serious plagiarism. Academic works with the same views and similar words, but without indicating the source or quoting other people's views or words, are not indicated, but mentioning the cited works in the reference or preface may lead to plagiarism in disguise. However, the same words generated by quoting materials, news, celebrity statements, quotations, slogans, documents and legal provisions, and government work reports cannot be counted as similarities. "
"'Citation' refers to the situation that others' published works are properly quoted in the works in order to introduce and comment on a work or explain a problem in the sense of fair use as stipulated in the copyright law. But you must:
The cited work has been published; The citation ratio is appropriate, and the citation content cannot be longer than comments, introductions or explanations; It is very important to indicate the name of the author, the name of the work, etc. , often used to distinguish plagiarism from citation. As long as you don't create it yourself, publishing and using other people's works in your own name, no matter how much, is plagiarism. "
"If the author's point of view is quoted in the article without annotation, there are several situations:
1, the author clearly points out in the article that this is someone's point of view. In this case, if the text is partially or completely the same as the original author's text, it is generally considered plagiarism in the west. According to the custom of China people, this is the same. If the text is completely different from the original author, it is plagiarism in the west, not plagiarism in China, and it is not worth advocating.
The author didn't explicitly point out that this is someone's opinion in the article. There is no comment at this time, no matter whether the text is the same or similar, it is generally considered plagiarism or plagiarism. If you don't cite many ideas like this and it's not your own core point of view, you can define it as plagiarism. If such views account for a large proportion in the whole article, or as their own core views, they will be considered plagiarism. So no matter how you quote, you have to comment. The worst way is at least to let people know which opinions in the article are their own and which are others'. From Sohu —— freegroundman, author of the original copy of former President Hu Zhong and related definition standards and legal provisions of the Science Forum.
3. According to Article 3 of the Copyright Law, protected works include:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
……
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (hereinafter referred to as the Interpretation) has made the following provisions on the protection of digital original works:
"The works protected by the Copyright Law include the digital forms of various works as stipulated in Article 3 of the Copyright Law. The people's court shall protect other intellectual creations that are not within the scope of works listed in Article 3 of the Copyright Law under the network environment, but are original in the fields of literature, art and science and can be reproduced in some tangible form.
Article 10 of the Copyright Law stipulates that all copyrights are applicable to the copyright of digital works. Disseminating works to the public through the Internet belongs to the way of using works stipulated in the Copyright Law, and the copyright owner has the right to use or license others to use the works in this way, and get paid for it. "
4. Legal liability:
According to the provisions of Article 46 of the Copyright Law, an act that infringes the copyright of others may, according to the specific circumstances, "bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses".
According to the Intellectual Property Law edited by Guo Qingcun, plagiarizing other people's works is essentially an act of taking other people's works as your own and exercising copyright. This kind of behavior not only infringes on the personal rights of the copyright owner's works, but also infringes on the property rights of the copyright owner's works, which is subjectively malicious. According to the provisions of the copyright law, this is a serious infringement, and its legal responsibilities include not only civil responsibilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for losses, but also administrative responsibilities, that is, administrative penalties such as confiscation of illegal income and fines are given by the copyright administrative department. —— Excerpted from the original text of Sohu —— Science Forum, with the same author as above.
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Some personal opinions:
First of all, indicating the source is a big difference between plagiarism and citation. If the source is not indicated, the content will definitely infringe copyright.
Secondly, the cited viewpoint cannot be the core viewpoint of an article or paper. If the author quotes other people's views as his core point of view, he will actually lose the creative significance or copyright connotation of the work. In particular, there are a lot of personal opinions in the article, which occupy the core position of the article, and the author has no corresponding creation and innovation at all.
Finally, when quoting other people's articles, don't take them out of context. You should understand the core idea of other people's articles. If you don't fully understand them, it is likely to distort the viewpoint of the cited person and infringe the copyright of others.
Excuse me, does citing the explanation in the dictionary infringe the copyright of Baidu Encyclopedia? If it is not profit-making and non-infringement, the service nature should be encouraged. I hope you can adopt it.
Whether the Baidu clause cited by Taobao's personal online shop is infringement will not involve infringement. Many functions of Baidu are provided to netizens for free. If Baidu can better serve itself without violating relevant regulations, I believe this is what Baidu is willing to see. Moreover, Baidu is relatively mature, and it is not so easy for ordinary netizens to infringe.
I have recommended all the recommended articles for copyright infringement, and it's nothing.
Does the author of the article published in the name of the competition have copyright? Yes
Does the author own the copyright of articles published in illegal publications? The author owns the copyright.
Does Baidu MP3 infringe copyright? I think it should be infringed. So many mp3 players are free. You have to pay for a genuine CD!
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