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Ponte Academic Journal
Jun 2022, Volume 78, Issue 6

ON THE DETERMINATION OF LITERARY PLAGIARISM IN COPYRIGHT LAW

Author(s): Ziyu Zuo

J. Ponte - Jun 2022 - Volume 78 - Issue 6
doi: 10.21506/j.ponte.2022.6.4



Abstract:
Literary plagiarism is mainly presented as advanced plagiarism in the form of article laundering in contemporary times. Advanced plagiarism includes language-transformation (adapted) and content-collage (deconstructive) plagiarism. Copyright law mainly follows the principle of “access + substantial similarity - free-use defence” in determining literary plagiarism. However, there are still some defects in the judicial practices, which mainly show in the misunderstanding of the nature of literary plagiarism and the rigid understanding and application of basic theories of copyright law. The linguistic form of literature is not only the arrangement of words and sentences but also the structure of works. The idea of works in the popular sense is not consistent with the ideological connotation of the idea/expression dichotomy. The nature of work is the expression, but to protect the interests of the public domain, some expressions are not protected. There is no high or low level of originality; the so-called high or low originality refers to the work to bring readers the strength of aesthetic experience. It is suggested that copyright law follow four review principles to determine literary plagiarism.
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