Will infringement of the right of authorship be subject to criminal penalties?
Will infringement of the right of authorship be subject to criminal penalties? The specific legal provisions for criminal penalties are as follows:
Article 217 of the "Criminal Law of the People's Republic of China" For the purpose of profit, there are the following copyright infringement circumstances 1. If 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 or criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and not more than seven years. Fixed-term imprisonment and fines:
(1) Reproduction and distribution of written works, music, movies, and television works without the permission of the copyright owner , video works, computer software and other works;
(2) Publishing books for which others have exclusive publishing rights;
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(3) Copying and distributing the audio and video produced by the audio and video producer without the permission of the audio and video producer;
(4) Producing and selling works of art that counterfeit the signature of others.
"Supreme People's Court , Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"
Article 5 For the purpose of profit, Any person who commits one of the copyright infringement acts listed in Article 217 of the Criminal Law and obtains illegal gains of more than 30,000 yuan shall be classified as "illegal gains""The amount is relatively large"; anyone who has any of the following circumstances shall be deemed to have "other serious circumstances" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also be fined or shall be fined alone: (1) The illegal business amount is more than 50,000 yuan (2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with the total number of copies exceeding one thousand (copies); (3) ) Other serious circumstances. If one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out for the purpose of profit, and the amount of illegal income is more than 150,000 yuan, it is classified as "the amount of illegal income is huge"; if it has the following In one of the circumstances, if there are "other particularly serious circumstances", the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years for the crime of copyright infringement, and shall also be fined: (1) The amount of illegal business is more than 250,000 yuan; (2) ) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with the total number of copies exceeding 5,000 copies; (3) Other particularly serious circumstances Situation.
The above knowledge is the editor's answer to the question "Will infringement of the right of authorship be subject to criminal penalties?" If you need more information For more legal help, welcome to the Legal Savior Network for legal consultation.
