Quoting refers to deliberately quoting other people's ready-made things to express their thoughts and feelings and explain their views on new problems and new truths. This rhetorical method is called quotation.
Some scholars believe that judging the difference between plagiarism and other behaviors can be analyzed from the following five aspects: (1) Look at the degree of changes made by the defendant to the original; (2) Look at the characteristics of the original works and the defendant's works; (3) Look at the nature of the work; (4) Look at the creative skills and the value of the works; (5) Look at the defendant's intentions.
As early as 1999, the copyright management department of the National Copyright Administration made relevant provisions on the criteria for judging plagiarism.
Reply from the Copyright Administration Department of the National Copyright Administration to a municipal copyright bureau on how to identify plagiarism.
Quansi [1999] No.6
XXX copyright bureau:
Received a letter from your bureau about identifying plagiarism. After study, the reply is as follows:
1. Plagiarism and plagiarism mentioned in the Copyright Law are the same concept (hereinafter referred to as plagiarism, for the sake of brevity), which means stealing other people's works or pieces of works for their own use. Plagiarism infringement, like other infringements, requires four elements: first, the act 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.
Secondly, from the form of plagiarism, there are acts of copying others' works intact or basically intact, and there are also acts of taking others' original components protected by copyright as their own after a makeover. The former is called low-level plagiarism in the field of copyright law enforcement, and the latter is called high-level plagiarism. It is easier to identify low-level plagiarism. Advanced plagiarism needs careful appraisal, even expert appraisal. Advanced plagiarism often encountered in copyright enforcement includes: changing the type of works and treating the works created by others as their own independent works, such as changing novels into movies; Instead of changing the types of works, we use elements protected by copyright in our works and change the specific forms of expression of our works. We regard the works created by others as our own independent works, such as the original plots and contents of TV dramas created by others, and regard them as our own independent TV dramas after a makeover.
Three, as mentioned above, copyright infringement, like other civil rights, should have four elements, among which, the fault of the actor includes intention and negligence. This principle is also applicable to the identification of plagiarism infringement, regardless of whether there is subjective intention to take others' works as your own.
Four, the identification of plagiarism, is not whether all or part of the use of other people's works, whether it is well received by the outside world, whether it constitutes a major or substantial part of plagiarism. Everything that constitutes the above elements is regarded as plagiarism.
The above opinions are for your reference.
Copyright Administration Department of National Copyright Administration
1999 1 month15th.
Third, research monographs.
The monograph "Management and Litigation of Music Copyright in China" published by China Intellectual Property Publishing House makes a detailed empirical analysis on how to distinguish plagiarism for the first time in China academic and judicial circles. The author investigated all the cases of music plagiarism and court judgment standards since the founding of the People's Republic of China, and wrote nearly 30,000 words of song plagiarism attack and defense strategies.
It includes the following six parts: (1) Empirical analysis of plagiarism disputes; (2) The criteria for the court to judge Song's plagiarism; (3) Effective defense of the accused plagiarist; (4) the invalid defense of the accused plagiarist; (five) adverse consequences caused by plagiarism; (6) Crisis public relations of the accused plagiarist.