Let’s understand the theory and basics of copyright in order to understand the essence of some important concepts and not to confuse their meaning in the future.
Copyright infringement (counterfeiting; piracy, if we are talking about property copyright infringement) — actions aimed at the illegal use of objects of intellectual property rights belonging to other persons, intentionally committed by a person who understands the illegal nature of these actions.
According to the articles of the Law of Ukraine “On Copyright and Related Rights”, plagiarism is the publicizing (publication) of someone else’s work in whole or in part under the name of a person who is not the author of this work.
PLAGIARISM
Plagiarism is appropriation of authorship. This is the publication of someone else’s work in full or in part under one’s own name. This is also the use of someone else’s work without crediting the author. This is an unscrupulous borrowing of fragments of works belonging to someone else.
Self-plagiarism has now been defined and regulated — it is when a person takes parts of his own work and inserts them into a new work. Yes, now self-plagiarism is prohibited. This is, of course, a short story, let’s see how it will be in practice.
To determine the presence of plagiarism, a court is needed, which will (most likely) be assigned an expertise in the field of intellectual property (not necessarily, but judicial practice goes this way).
In pre-trial and court proceedings, forensic experts are involved who have obtained the qualification of a forensic expert in expert specialty 13.1.1 “Research related to literary and artistic works and others”.
During the forensic examination, coincidences in the fragment of the original text and questionable content are studied, signs characteristic of the original source are identified.
Substitution of individual words within a synonymous series is not considered a creative work.
The source, the idea in the works can be the same, especially in scientific works, but the forms (sentences, paragraphs) are not! This is already plagiarism.
Some innovation is also the recognition of the email address of the original source as a legitimate reference to the author.
In presentations, it is possible to refer to a part of the work without the consent of the author, if it is a bona fide citation (with a link to the email address of the original source).
In the event of a dispute regarding academic plagiarism, it is preferable that the claim be brought directly by the author.
The following are not considered plagiarism: non-original title of the work, common knowledge and common information, non-original character. And the presence of a large number of correctly formatted quotations in the work is not plagiarism
In order for plagiarism to become plagiarism, a mandatory condition is the publication of the plagiarized work. That is, it must be placed somewhere.
PIRACY
This is actually the importation and distribution of counterfeit products, counterfeit copies of the work. It is also the publication of such works using the Internet.
The law says: piracy in the field of copyright and (or) related rights — publication, reproduction, import into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works (including computer programs and databases), phonograms, videograms, illegal publication of programs of broadcasting organizations, camcording, cardsharing, as well as Internet piracy, i.e. committing any actions that, in accordance with this article, are recognized as a violation of copyright and (or) related rights using the Internet.
Therefore, piracy necessarily refers to counterfeit products. In case of piracy, only the property rights of the author are violated.
Piracy and plagiarism are different concepts!
In case of piracy, the question of authorship of the work does not arise. Piracy is thriving in our country on the Internet.
While plagiarism disputes are usually civil (or commercial) proceedings, criminal proceedings may be initiated against the pirate. Of course, sanctions from the state for a pirate are completely different dimensions.
COUNTERFACT
Counterfact goods (counterfact) are goods containing objects of intellectual property rights, the import of which into the customs territory of Ukraine or export from this territory leads to a violation of the owner’s rights, which are protected in accordance with the current legislation of Ukraine and international treaties of Ukraine concluded in the established the law of order.
According to Art. 256 of the Customs Code of Ukraine, a person who, in accordance with the legislation of Ukraine, owns property rights to an object of intellectual property rights and who has reason to believe that during the movement of goods across the customs border of Ukraine, his rights to the object of intellectual property rights are violated or may be violated property, has the right to submit to the specially authorized central executive body in the field of customs affairs an application for assistance in the protection of property rights to an object of intellectual property by entering relevant information into the customs register of objects of intellectual property rights. After the registration of an object of intellectual property rights in the customs register, based on the data of such a register, the customs authorities take measures to prevent the movement of counterfeit goods across the customs border of Ukraine, which may contain objects of copyright and related rights, trademark rights, protected by the legislation of Ukraine. industrial designs and geographical indications.
A product is a product made with a violation of technology or illegal use of a mark for goods and services, or copying the form, packaging, external design, as well as illegal reproduction of another person’s product (Article 1 of the Law on the Protection of Consumer Rights).
Counterfact copy of a work, phonogram, videogram – a copy of a work, phonogram or videogram, reproduced, published and (or) distributed in violation of copyright and (or) related rights, including copies of works, phonograms and videograms protected in Ukraine, imported on the customs territory of Ukraine without the consent of the author or other subject of copyright and (or) related rights, in particular from countries in which these phonogram and videogram works have never been protected or have ceased to be protected.
So, we conclude that all these three concepts of copyright infringement, although not identical at all, have different meanings and legal consequences. But how to detect plagiarism and professionally file claims and lawsuits against the violator is best known to your lawyers, that is, to us. Refer as needed and keep your own original works clean (no borrowing).
copyright / counterfeiting / intellectual property / piracy / plagiarism
