Plagiarism in Novels

Main Article Content

Pongkiat Kulratanasinsuk

Abstract

The objective of this research is to analyze the relationship between copyright infringement and plagiarism, including the legal consequences of plagiarism in novels. The study found that plagiarism is not considered as copyright infringement if such act is copying of the idea and plot of the novels because the idea and plot of the novel are not protected by the Copyright Act 2537 B.E. Section 6 Subsection 2. In addition, the similarities of novels on facts, scenes, common words, comment, styles, description and fixed formats in the novels is also permitted under the Act. Accordingly, in cases that the court needs to consider the similarity of the novel story, the court must consider all aspects of dispute novel story, which are plots, dialogs, events and others, not the idea, methods and facts in the novel story. In case that the similarity amounts to less than 20 percents of all novel story, the court will dismiss such novel copyright infringement cases.

Downloads

Download data is not yet available.

Article Details

How to Cite
Kulratanasinsuk, Pongkiat. “Plagiarism in Novels”. Naresuan University Law Journal 10, no. 2 (December 21, 2017): 153-169. Accessed February 27, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/106354.
Section
Research Articles

References

Bouville, Mathieu. “Plagiarism: Words and Ideas.” Science and Engineering Ethics(2008): 2-3.

Chompoonuch Boonyawan. “Plagiarism.” Fercit Newsletter 9, no.2 (2009): 1-2. [In Thai]

Craig, Carys J. “Resisting “Sweat” and Refusing Feist: Rethink Originality After CCH.” U.B.C. Law Review 40, no. 1 (2007): 109-113.

Frye, Brian L. “Plagiarism is Not a Crime.” Law Faculty Scholarly Articles 54 no.133 (2016): 159-160.

Lippman, Katherine. “The Beginning of the End: Preliminary Results of an Empirical Study of Copyright Substantial Similarity Opinions in the U.S. Circuit Courts.” Michigan State Law Review 513 (2013): 547-548.

Olson, Dale P. “Copyright Originality.” Missouri Law Review 48, no. 1 (1983): 35-46.
Prakong Jaroenjitrkam. Concept Review Writing for Literature. Bangkok: Thammasat University, 2008. [In Thai]

Sengupta, Shantashree S. “Copyright Infringement & Plagiarism: Are They Really Two Sides of a Coin?.” CTBC’s IRJ 2, no. 2. (2015): 19-22.

Wanida Sangsarapun. ‘’Freedom Scope for Expression under Limitation of Law.” Ombudsman Journal Special Edition (2013): 23-27. [In Thai]

Yin, Lee Harn. Copyright and Freedom of Expression: A Literature Review. UK: Newcastle University, 2015.