(Observation of the NPC and CPPCC) Can "everyone shout and beat" the plagiarism?

  China News Service, Beijing, March 7th, title: "Everyone shouts and beats" against plagiarism, can there be "no plagiarism in the world"?

  Author Song Yusheng Liu Xuanting

  "The plagiarism and plagiarism of literary and artistic works is the same as stealing things." "It is the consensus of the industry to combat plagiarism." During the National People's Congress and CPPCC National People's Congress this year, many representatives of the National People's Congress and CPPCC members discussed the topic of "plagiarism."

  "Everyone shouts and beats" against the plagiarism, can there be "no plagiarism in the world"?

Plagiarism is like stealing

  On December 31, 2020, two screenwriters and directors who had committed plagiarism publicly apologized under the resistance of the industry, which aroused the attention of the Chinese public.

Since then, the National Copyright Administration has listed the incident of "nearly 300 film and television practitioners and online writers jointly resisting plagiarism" in the "Top Ten Events of China's Copyright in 2020".

Reading area in Beijing Zizai Museum Bookstore (Fuchengmen Store).

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  From the industry to the public, plagiarism and plagiarism have become "everyone shouting and beating" behavior.

As for why the apology happened on the last day of 2020?

It should be noted that the cost of plagiarism and plagiarism has increased due to the improvement of Chinese laws.

The "Edition of Tort Liability" in the Civil Code that came into effect on January 1, 2021, has implemented the protection of various civil rights through the investigation of the tort liability of the infringer; the revised version will be implemented in June 2021 The new copyright law has also strengthened copyright administrative enforcement and penalties.

  In China, the consequences that copyists have to face are no longer just being "despised", but there are more and more serious legal consequences.

  During this year's two sessions, Zheng Xiaolong, a member of the National Committee of the Chinese People's Political Consultative Conference, said in an interview with a reporter from China News Agency that plagiarism and plagiarism in the cultural field are like stealing and should be punished by law.

More covert plagiarism

  But with the deterrence of the law, can "the world have no copy"?

Maybe not.

  NPC deputy and screenwriter Zhao Dongling said in an interview with a reporter from China News Agency that in the context of the Chinese public's increasing emphasis on intellectual property rights, the means of plagiarism have become more and more concealed.

  Among the top ten cases of judicial protection of intellectual property rights in Beijing courts in 2019 notified by the Beijing Higher People's Court, the novel "Splendid Weiyang" infringement case was selected.

The court held that the case was a typical case of large-scale plagiarism under new technological conditions. One novel by the defendant Zhou copied 16 novels by 12 well-known authors.

  Zhao Dongling believes that such cases make it difficult to combat plagiarism.

"Like this situation where one work plagiarizes multiple works, it is more difficult for only the party who has been copied to defend their rights."

  In response, Zheng Xiaolong called for further penalties.

"Plaagiarism and plagiarism in film and television works should be punished by law as soon as they are discovered, and they should be dealt with severely."

People check in to watch the movie.

(Image and text irrelevant) Photo by China News Agency reporter Zhang Yun

Against plagiarism, the law should be the criterion

  It is worth noting that, in the context of "everyone shouting and beating" against plagiarism, there are also cases of "touching porcelain".

  "I personally suffer from'pengci'." Zhao Dongling told reporters that before this, the TV series "Red Sorghum" she participated in was accused of plagiarism.

Public information shows that this TV series is adapted from a novel by writer Mo Yan.

It is such a work. A few years ago, Zhao Dongling was accused of plagiarism, and Zhao Dongling became the defendant as a screenwriter.

  After several years, although Zhao Dongling finally won the case, he also spent a lot of manpower, material and financial resources here.

  She believes that this is actually due to the fact that the other party does not understand the definition of "plagiarism" at the legal level.

Several legal professionals confirmed to reporters that the law only protects expression, not thoughts.

  "Some people accuse a certain work of similarity to a certain idea, and this similarity is very common in literary works." Zhao Dongling said, "For example, Shakespeare wrote "Hamlet." In the following hundreds of years, literary works appeared How many'Hamlet' images?"

  In her view, the opposition to plagiarism is undoubtedly worth promoting, but it should be carried out within the framework of the law.

At the same time, there is still a lot of work to achieve "the world has no copy", including popularizing relevant legal knowledge to more people, and industry associations to further regulate practitioners... This requires the joint efforts of the whole society to complete.

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