How to judge plagiarism and similarity in law?

There are two criteria for judging plagiarism:?

First, whether the plagiarized (plagiarized) works are protected by copyright law according to law; ?

Second, whether the plagiarist uses other people's works is beyond the scope of "appropriate citation". ?

Regarding the quantitative restriction of "appropriate citation", Article 15 of the Detailed Rules for the Implementation of the Trial Regulations on the Protection of Books and Newspapers in China clearly stipulates that:

1, "The citation of non-poetic works shall not exceed 2,500 words or one tenth of the cited works"; ?

2. "If one or more people's works are cited, the total number of citations shall not exceed one tenth of the total number of works created by themselves".

Similarity means being like others; It also means that some things should not be the same, but the same.

1. There is no clear definition of "plagiarism" in law at present. In practice, the relevant contents in the reply of the National Copyright Administration "Quan Si [1999] No.6" on plagiarism will be quoted.

2. Explanation of plagiarism in this reply: 1. Plagiarism and plagiarism in the copyright law are the same concept (hereinafter referred to as plagiarism, for the sake of brevity), which refers to stealing other people's works or pieces of works for their own use.

Plagiarism infringement, like other infringements, requires four elements:

First, the behavior is illegal;

Second, objective facts that are harmful;

Third, there is a causal relationship with the damage facts;

Fourth, the actor is at fault. Because plagiarism needs to be published to produce infringement consequences, that is, the objective fact of damage, it is usually referred to as published plagiarism when identifying plagiarism.

Therefore, more accurately, plagiarism refers to stealing other people's works or publishing fragments of works.

References:

Plagiarism (noun) _ Baidu Encyclopedia

Similarity _ Baidu Encyclopedia