The basis for judging copyright plagiarism and plagiarism is as follows:

First, the number of words

There are many words in the same or similar words, which are used in many places or repeatedly, and the same or similar degree is high. If only a few words, or a few words are the same, it does not constitute plagiarism. However, the number of identical words is not the main basis for judging plagiarism.

Second, the position of "using" words in works

Even if some works "use" few words similar to others' works, it is enough to constitute the essence or main line of the work, and it also constitutes infringement. For example, "using" a classic story created by others, which occupies an important position in the work or runs through the whole text, and the description of the story is basically the same, constitutes plagiarism.

III. Whether it is reasonable to invoke the provisions of Article 22 of the Copyright Law, use published works of others for personal study, research or appreciation, or appropriately cite published works of others in works for the purpose of introducing, commenting on a certain work or explaining a certain problem, you may not ask the permission of the copyright owner and pay him no remuneration, but you should indicate the author's name and the title of the work, and shall not infringe upon other works enjoyed by the copyright owner according to this Law. The act of "using" beyond the limit of "fair use" certainly constitutes "infringement in the sense of copyright law", which is plagiarism.

to judge whether it is reasonable to use it, we can refer to the elements of purpose, proportionality, form and legality.

IV. Does the same description belong to the public domain?

According to the basic principle of copyright law, the composition elements, original materials, facts and other creative materials of a work belong to the public domain, and anyone can use them to create. The originality of a work lies in the unique processing of these original materials by the author with his unique skills, knowledge, judgment and other thinking and expression abilities.

Therefore, when creating a new work, you can freely use the historical background, objective facts and statistics expressed in other people's existing works, but you can never completely copy the way others describe the above materials.

when an idea has only one or a few expressions, that is, the expression and the idea are merged into one, the expression enters the public domain and is excluded from protection by copyright law, such as scientific formulas, invention schemes, design schemes, national laws, current affairs news, calendars, general tables, etc. Otherwise, the introduction of "* * * knowledge" and "objective facts" should also be protected by copyright law.

Punishment Provisions

Article 217 of the Criminal Law stipulates that an individual who commits the crime of copyright infringement shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. "The amount of illegal income is huge" and "there are other particularly serious circumstances", see the provisions of Article 5, paragraph 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights.

Article 22 of the Criminal Law stipulates that if a unit commits the crime of copyright infringement, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the provisions on individual committing the crime. According to Article 15 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, the unit committing this crime shall be convicted and sentenced at three times the conviction and sentencing standard of the corresponding individual crime.