Plagiarism refers to stealing other people's works or fragments of their works. Anyone who plagiarizes another person's works and infringes the copyright of another person shall bear the legal responsibility for infringement, and the serious one may constitute a crime of copyright infringement. Although the actor has committed an act of infringing on the copyright of others, but the illegal income does not meet the standard of a large amount or other serious circumstances, it does not constitute infringement and should be treated as a civil tort. The crime of copyright infringement refers to the act of making profits, violating copyright management laws and regulations, infringing the copyright of others without the permission of the copyright owner, and having a large amount of illegal income or other serious circumstances.
Specifically, it includes the following situations:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
2. publishing books with exclusive publishing rights enjoyed by others;
3. Reproduction, distribution and dissemination of audio and video recordings made by the producers without their permission;
4. Making or selling works of art with fake signatures of others;
5. Reproduction, distribution and transmission of audio and video products with their performances through the Internet without the permission of the performers;
6. intentionally avoiding or destroying the technical protection measures taken by the right holder for his works, audio and video products, etc. without permission.
To sum up, if the infringement damages the interests of the public at the same time, the copyright authority shall order it to stop the infringement, give it a warning, confiscate the illegal income, confiscate and harmlessly destroy the infringing copies and the materials, tools and equipment mainly used for making infringing copies. If the illegal business amount is more than 5, yuan, a fine of more than one time but less than five times the illegal business amount may be imposed; If there is no illegal business amount, the illegal business amount is difficult to calculate or less than 5 thousand yuan, a fine of less than 25 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Legal basis:
Article 52 of the Copyright Law of the People's Republic of China
Anyone who commits any of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(1) publishing his works without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of the co-author;
(3) not participating in the creation, and signing others' works for personal fame and fortune;
(4) distorting or tampering with other people's works;
(5) plagiarizing other people's works;
(6) without the permission of the copyright owner, using the work by means of exhibition or filming of audio-visual works, or using the work by means of adaptation, translation and annotation, unless otherwise provided for in this Law;
(7) where remuneration should be paid for the use of another person's work, but it has not been paid;
(8) renting out the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owners, performers or producers of audio-visual products, except as otherwise provided by this Law;
(9) using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(1) transmitting a live performance from a live broadcast or publicly, or recording a performance without the permission of the performer;
(11) other acts that infringe copyright and rights related to copyright.