A Treatise on Plagiarism

• Main Authors: Chang, Ya-Chun, 張雅君
• Other Authors: Hsiao, Hsiung-Lin
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/53935125480823620538

碩士 === 國立臺北大學 === 法律學系碩士班一般生組 === 102 === Technology advancement facilitates efficient circulation of information, making copying a much easier task. Frequent recurrence of incidents of plagiarism direct people’s attention to this issue. Foreign and domestic history books and news articles are replete with episodes of plagiarism. Nevertheless, a thorough examination of the laws of Taiwan, the United States and even Japan reveal that the term “plagiarism” has never been clearly and legally defined. The reason behind the absence is because plagiarism refers to a set of case law requirements used to legally establish copyright infringement. Copyright owners’ interest may be violated when two works appear to be similar. But the similarity per se does not necessitate the conclusion that plagiarism has occurred. The work in question may include material that has entered into the public domain, which a hurried incitement may serve to privatize. Therefore, an extensive analysis through the process of litigation is crucial to determine copyright infringement. This thesis adopts comparative approach and uses the regulations of the United States, a country where theories of plagiarism have evolved most vigorously, to lay down the foundation for comparison. The principles following the Arnstein v. Porter decision as well as factors to establish access and substantial similarities developed from the long history of American case law are introduced. Ensued by the American laws is an overview of the requirements to establish plagiarism in the Japanese counterpart, which has evolved to be calibrated to the domestic characteristics. This comparative research also studies the regulations of China in addition to American and Japanese laws.