2. The crime of copyright infringement refers to the act of violating copyright management laws and regulations for the purpose of making profits, infringing the copyright of others without the permission of the copyright owner, and the amount of illegal income is large or there are other serious circumstances.

3. Plagiarism refers to the act of stealing other people's works for yourself, completely copying other people's works, and changing their form or content to a certain extent in the same way of use.

When confirming plagiarism, it is usually necessary to distinguish it from formally similar behaviors:

(1) ideas, concepts and viewpoints of copying and using copyrighted works. Generally speaking, the author is free to use the theme, subject matter, ideas and viewpoints reflected in another work for new creation, which is permitted by law and cannot be regarded as plagiarism.

(2) Copying and using the historical background, objective facts and statistical data of other people's works. Copyright laws in various countries do not protect the historical background, objective facts and statistical data expressed by the works themselves, and anyone can use them freely. However, completely copying others' words describing objective facts and historical background may be considered plagiarism.

Novel plagiarism meets the following conditions and will be imprisoned:

1. Plagiarists have a deliberate mentality subjectively, aiming at profit;

2. Plagiarism leads to a large amount of illegal income or other serious circumstances, that is, criminal punishment;

3. The plagiarist's behavior has a causal relationship with the loss result.

legal ground

Criminal law of the people's Republic of China

Article 217 (Crime of Copyright Infringement) Whoever commits one of the following acts of copyright infringement or copyright-related rights for the purpose of making profits, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:

(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public 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 products made by the producer to the public through the information network without the permission of the producer;

(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;

(five) the production and sale of counterfeit works of art;

(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.