After all, human history cannot be copied. Social development cannot be copied, and the means of communication, the protection of intellectual achievements, and the form are the most important. PS, in fact, technology is the most important, and technology is the most important. The content is repeated, However, changing the soup without changing the medicine, or changing the carrier, changing the immediate benefit body,'forgery' imitating plagiarism, can be the result of simple labor, or it may be a complex form of technology.
When the form and content are combined, the matter is not causal and straightforward, and it depends on the nature of the behavior, including the profit and loss results.
Letters that are'forged' and imitated can be published. As long as the real name is said to be forged, plagiarized, imitated or even plagiarized, but has a special art form and creative value. This is not uncommon in the field of literary works and art. Attribution of responsibility, one is personal rights, especially the right to sign, the source and real name should be indicated in reprinting and adaptation; the second is property rights, especially the punishment of all for-profit activities such as issuance and lease.
As for how to judge creativity and artistic value, there are editors, reporters, publishers, publishers, and public networks, social platforms, private communication, and academic exchanges. These can't limit the reasonable and legal expression of its value.
The real name and real surname are fake and imitated. There are a lot of articles in the world, imitating literati, or writing with the feelings of literati, it is not a bad thing. After all, forging this "little thing" is actually in the field of literature and art. A question of the authenticity of "creation" and "creation", if it has artistic and literary value, it is naturally a "work". "Forgery" is the same as "fiction", both are means and manifestations of literary creation and artistic value. It is also human communication The origin of tension. For example, forged famous paintings (not as valuable as famous paintings), such as copied calligraphy (not as good as the value of the original post), but the same works, especially in the process of copying forged and copied, there is personal labor value reflected. For example, calligraphy The copying stone stele paintings imitated by famous artists have changed the form and carrier. Although the "content" is the same, there are still innovations and even creativity in the form of the carrier. So the legal meaning is "forgery", "plagiarism" and "imitation". "Copying" is not completely consistent with the "forgery", "plagiarism", "imitating" and "copying" in the field of literary works. It cannot be said that Wang Anshi copied a certain stone stele painting and imitated a certain style of painting, so it is not a work. There is no artistic value and originality. Modern society’s protection of copyright and intellectual property rights, because of the different carrier forms, the same or similar content, may also become works, such as deductive works, such as compilations. But in the traditional sense, Even papers and the like, large sections of plagiarism, cutting and copying, can still be judged as authenticity, value, originality, whether there is a new content representative, or a new form carrier, or even a new one. Technical achievements and so on.
But when it comes to copyright, such as the integrity right of attribution, such as the right to rent out the right to play performance rights, such as intellectual property rights, registration systems, prevention of infringement, including online infringement, etc., this problem can be solved reasonably and legally. Solution The way to solve the problem is to use real names, imitate celebrity letters, and then sign and surname collections, distribute them for rent, or perform performances. This is no problem at all. It is completely possible to evade legal responsibility reasonably and legally. There are so many guesses. Falsification, hypothesis, or even theft, plagiarism, plagiarism and forgery, what do all kinds of infringement methods do?
I don't understand what some illiterate or illiterate people in the field of law and art are doing.
This movie can be regarded as a deductive work. It is a good solution to the existence of plagiarism such as "pirated" and "Spirit Chicken Soup", so that those works or authors whose writing is unreasonable and unreasonable are a kind of accommodation in modern society. Don’t always be on the edge of law and reason. Even doing things that are insulated from art and even more irrelevant to the law. Such as fraud, selling silver and whoring, getting robbed for nothing, rape, assault, detention, mental perjury, false evidence, or even paying for it. It's a matter of buying murder and murdering people for money and death.
Therefore, whether the criterion of "originality" can be modified as long as a work differs from the existing work in form, even if it is a complete or substantial imitation or even plagiarism of an existing work, it can be regarded as Originality. After all, the "work" protected by copyright refers to the intellectual achievements that can be copied in a certain tangible form, but there is no restriction on the type of form, especially the development of copyright to this day, the form is diversified, and the meaning is far beyond the diversification of content .
The so-called "ingenuity" in copyright is not as good as "primary origin". Where is the original origin, subsequent processing, editing and adaptation, form change design, technological innovation, and where is it? The type of intellectual achievement is judged by the type of intellectual achievement, which belongs to literature or art. It may belong to the category of science and technology. The latter generally has comprehensive jurisdiction over multiple types of intellectual property protection such as copyrights, patents, trademark rights, and carrier measures. The subject of the right can freely choose from the object form, and the exclusive nature of the exclusive right is the most obvious. What is most beneficial to the subject of exclusive rights is also the most capable of protecting and displaying intellectual achievements.
Just like ancient poetry and allusions, the plagiarism, imitation and forgery are endless, but today, after the real name belongs to the subject of the right, it will still be called a work. For example, the Three Kingdoms, the history of the Three Kingdoms, the Romance of the Three Kingdoms, The Popular Romance of the Three Kingdoms, etc., various "additions to plagiarism, imitation and plagiarism" in the content, such as the phantom of the opera, musicals, stage plays, movies, literary works, and various forms of expression. So the same content (intellectual achievements) , Displayed in different carrier forms, is the focus of protection of "copyright" today.
The development of technology has led to the "intelligence achievement" that works in copyright can carry in the legal sense. The degree of "intelligence" has actually shrunk. The early stage was limited to several major technical forms of reproduction and dissemination (copyright). Printing was the first to bear the brunt. Music, drama, folk art, dance, acrobatics, fine arts, architecture, photography, film, and graphic works model works followed closely. The development of computer has expanded its form of expression again, and now it is APP software and even accounting software, various applications, and more CPU , Chips, etc. Intellectual achievements are more reflected in the diversity and complexity of the carrier, rather than the originality of the content.
Humanistic copyrights, scientific and technological patent rights, more commercial value, trademark rights, trade name rights, and new plant varieties rights and integrated circuit layout design exclusive rights, etc. The manifestation of intellectual achievements has long surpassed "Works", a form of low-tech and high-labor copying of intellectual carriers, are formed in life and practice, and are more valuable and easier to express and be copied. "Science and technology" products, such as CDs, tables and chairs, such as books Borrowing, such as U disk, hard disk, or even a computer, the simplest thing is like a mobile phone, and it is everywhere. But the "content" is converted into traffic, information, symbols, and data. It is no longer text and image in the traditional sense. Graphics etc.
The so-called minimum element units and symbols of the fruits of intellectual labor are not only used in text and images, but even include logical operations, physical and chemical principles, and the beauty of matter is more complicated and colder. Only in this way can more and more societies. Conflicts with humanities, even wars, will lead to the development of science and technology in the Second World War, nuclear weapons, genocidal international and regional conflicts. These are no longer defined by the laws of a country, nor are they philosophy or ideological accommodation, or simple politics. Understanding can even be solved by the rule of power.
Finally, let’s talk about plagiarism and counterfeiting. There are corresponding protection methods in copyright. When the same content in different forms, or even different subjects of rights, appears, if it is reproduced by a large number of copies, it is reproduced or even published and performed, according to the form. , If it is a new carrier with corresponding creation and artistic value, that is, originality, and it is still infringing (primary), that is, it is not free performance, public education learning or even scientific research report use, then it must be from infringement Subjects, such as the performance publication, recording and player (the subject of adjacent rights of copyright); and the subject of the rights of the infringed works, such as the attribution rights in personal rights, such as the distribution of property rights, and many other subjects. Investigate the reasons; if it is involved Neighboring rights, layout design, and exclusive publishing rights need to be further confirmed, and then the infringement and profit and loss can be calculated. In order to divide the value of the property, divide the form of liability and determine the compensation method.
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