Plagiarism: A Brief Overview of the Law and Its Consequences

【Legal English Series 11】Plagiarism: A Brief Overview of the Law and Its Consequences

In June, which coincides with the blooming season of the phoenix flowers🌺, it is also a time when many master's students present their theses and prepare for graduation. However, in recent years, controversies over plagiarism have been rampant. Therefore, we would like to remind everyone of the key points when writing academic papers to avoid plagiarism. If you have ever worried about whether quoting scholars' opinions in your paper might constitute plagiarism, keep reading our Legal English Series!

💡What is considered "plagiarism" under copyright law?

👉Under copyright law, "plagiarism" primarily refers to the infringement of the copyright owner's "reproduction right" and "adaptation right."

1. Reproduction Right:

• This refers to the direct, indirect, permanent, or temporary reproduction of a work by means such as printing, photocopying, recording, videotaping, photographing, transcription, or other methods.

• For example, reading aloud the content of a picture book and uploading it to a podcast or other online platforms.

2. Adaptation Right

• This refers to creating a new work based on the original work through methods such as translation, arrangement, adaptation, filming, or other means.

• For example, translating an English novel into Chinese.

💡How is plagiarism determined in court rulings?

👉In court rulings, plagiarism must meet two criteria: "access" and "substantial similarity."

1. "Access"

•  means that the defendant has seen, read, or otherwise had access to the plaintiff's work. 

2. "Substantial similarity" 

• involves directly comparing the two works to determine their likeness

• How similar are they? Are the similarities significant? Do the similarities pertain to the core parts of the work?

After gaining a preliminary understanding of how the concept of "plagiarism" is defined by law, next time we will further clarify the difference between "citation" and "plagiarism" for our readers. This will help everyone use the correct format when writing academic papers, in accordance with academic writing standards. See you next week! Bye!