What are the penalties for copyright infringement
For copyright infringement, that is, copyright infringement, when it comes to punishment, it generally means that the relevant behavior is relatively serious and constitutes the crime of copyright infringement stipulated in the "Criminal Law". The following is the punishment for copyright infringement brought by the editor:
If the amount of illegal income is 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 also or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and seven years. to fixed-term imprisonment of not more than 10 years and to a fine. The following is a detailed introduction:
1. Sentenced to a fixed term of not more than three years The circumstances of imprisonment or criminal detention
According to the " Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement (hereinafter referred to as the Interpretation) Article 5: "For the purpose of profit, the implementation of copyright infringement listed in Article 217 of the Criminal Law one of the acts, violation ofIf the amount of illegal income is more than 30,000 yuan, it is classified as "the amount of illegal income is relatively large"; if one of the following circumstances occurs, it is "having 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 sentenced to Or a single fine:
(1) Illegal business amount 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, the total number of copies is less than one thousand (shares) or more;
(3) Other serious plot situation. ”
To briefly summarize the above provisions, the amount of the illegal office is If the amount exceeds 30,000 yuan, or the illegal business turnover exceeds 50,000 yuan, and the number of copies of infringing discs exceeds 1,000, he may be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
2. Situations where a prison sentence of not more than seven years is imposed
The interpretation stipulates: “For the purpose of profit, the implementation of one of the copyright infringement acts listed in Article 217 of the Criminal Law , if the amount of illegal income is more than 150,000 yuan, it belongs to "the amount of illegal income is huge"; if one of the following circumstances occurs, it belongs to "other particularly serious circumstances" and should 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 fined:
(1) The illegal business amount exceeds 250,000 yuan;
(3) Reproduction and distribution of written works, music, movies, television, and videos without the permission of the copyright owner The total number of copies of works, computer software and other works exceeds 5,000 copies;
(3) Other particularly serious circumstances."
To briefly summarize the above provisions, if the amount of illegal business is more than 150,000 yuan, or the illegal business amount is more than 250,000 yuan, and the number of infringing discs copied is more than 5,000, that is, The sentence is punishable by up to seven years in prison.
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