Research On Legal Identification Of Infringement On Academic Work

The copyright infringement of academic works is a kind of academic misconduct.Given the idea is not protected by the copyright law, the concept of plagiarism inacademic field is not the same as the infringement of academic work in copyright law.And there is no standard about the infringement of copyright law in our country, so inlegal practice, it rises a large variety of the problems, which leads to mis-protection onacademic works. Therefore, author select5cases in this field, and then try to settle theproblem of copyright infringement on academic works.The paper consists of three sections.In the part of preface, the first section, the text expatiates on its writing cause,purpose, and significance. The introduction tries to provide the correct understandingin academic works.The second section is composed of three chapters:The first chapter introduces two cases and tries to analyze the difference betweenplagiarism and copyright infringement. First of all, author introduces the legislativebackground of copyright infringement in China as the foundation, points out the factthat academic plagiarism and copyright infringement is different, and infringementrefers to the tort of plagiarism expression, which might be the point of the case. Thenthe author analyzed a case basis and reason.On the basis of the first chapter, the second chapter tries to distinguish the boundaries of thought and expression in academic works, and points out the use ofdichotomy between thought and expression in academic works.The third chapter starting from a typical case, concluded that the legalidentification of copyright infringement on academic works shall be under theprinciple of "contact+substantially similar". Thus, author points out that academicworks shall also consider the work style, logic of arguments and material selection. Atlast, it points out the reason of misjudgment on this case.The last chapter is the conclusion part. Based on the analysis of the former threechapters, in this chapter, the author sums up the conclusions of understanding andapplying the right of academic works.