Do you need a patent to be plagiarism?

Shenzhen Lu Hao answers you:

When confirming plagiarism, it is usually necessary to distinguish it from formally similar behaviors:

1). The ideas, concepts and viewpoints of copying and using copyrighted works. Generally speaking, the law allows authors to freely use themes, themes, ideas, thoughts, etc. It is not plagiarism to create something new in another work.

2) Copy and use the historical background, objective facts and statistical data of other people's works. Copyright laws in various countries do not protect the historical background, objective facts and statistical data expressed by the works themselves, and anyone can use them freely. However, completely copying others' words describing objective facts and historical background may be considered plagiarism.

3). Plagiarism and fair use. Fair use is the legal basis for authors to use other people's works, and its scope is generally stipulated by copyright laws of various countries. Anything beyond the scope of fair use generally constitutes infringement, but it is not necessarily plagiarism.

4). Plagiarism and coincidence. Copyright protects original works, not original works. Similar works, if created by the author completely independently, cannot be regarded as plagiarism.

Some scholars believe that judging the difference between plagiarism and other behaviors can be analyzed from the following five aspects:

1). See the defendant's revision of the original.

2). Look at the characteristics of the original and the defendant's works.

3) Look at the nature of the work

4) Look at the creative skills and the value of the work.

5). Look at the defendant's intentions