1. Sentencing provisions for the crime of copyright infringement
1. Three years in prison The following: fixed-term imprisonment of not less than three years but not more than ten years, and concurrently or solely a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and also fined.
2. The crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software and other works without the permission of the copyright owner for the purpose of profit, and publishes them for the enjoyment of others Books with exclusive publishing rights, copying and distributing audio-visual products produced by the publisher without the permission of the producer, producing and selling art works that counterfeit the signature of others, illegal gains of large amounts, or other serious circumstances.
3. Legal basis: "Criminal Law of the People's Republic of China"
211 Article 17 [Crime of Copyright Infringement] For the purpose of making profits, if one of the following infringements of copyright or copyright-related rights occurs, and the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be sentenced to or A fine alone shall be imposed; if the amount of illegal gains is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
(1) Without the permission of the copyright owner, copy, distribute, and disseminate to the public through information networks its literary works, music, art, audio-visual works, computer software, and other works stipulated in laws and administrative regulations;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing without the permission of the audio and video producers , disseminating the audio and video recordings produced by them to the public through information networks;
(4) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks;
( 5) Producing and selling works of art that counterfeit the signature of others;
(6) Without the permission of the copyright owner or copyright-related rights holder, deliberately avoiding or Destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his or her works, audio and video recordings, etc.
2. What are the crimes of copyright infringement
The crime of copyright infringement is a serious act that violates copyright laws and regulations and infringes upon the rights enjoyed by authors, other copyright holders, and disseminators of works according to law. Mainly include:
(1) Copying, distributing, and disseminating to the public through information networks its written works, music, fine arts, audio-visual works, and computers without the permission of the copyright owner. Software and other works stipulated in laws and administrative regulations;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying, distributing and disseminating the audio and video produced to the public through information networks without the permission of the producer of the audio and video;
(4) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks;
(5) Producing and selling works of art that counterfeit the signature of others;
(6) Intentionally creating works without the permission of the copyright owner or copyright-related rights holder Avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc.
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