1. Criminal law discretionary provisions for the crime of copyright infringement
1. The criminal law discretionary provisions of the crime of copyright infringement: If the perpetrator has completed the crime of copyright infringement, the amount of illegal income 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 shall also be sentenced to Or a fine alone; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. If a unit commits this crime, a double penalty system will be implemented.
2. Legal basis: Article 217 of the "Criminal Law of the People's Republic of China", for the purpose of profit, there are the following infringements In one of the copyright situations, 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 income is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and seven years. A prison term of not more than one year and a fine:
(1) Copying and distributing written works, music, or movies without the permission of the copyright owner , television, video works, computer software and other works;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(4) Producing and selling works of art that counterfeit the signature of others.
2.How to defend copyright infringement
1. Negotiate by yourself. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to realize and safeguard its rights and interests quickly and effectively, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation. The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to host the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced.
3. Arbitration. Both parties may apply for arbitration to an arbitration institution based on the written arbitration agreement or the arbitration clause in the copyright contract. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause.
4. Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate the agreement or regret it after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or even though the arbitration award has been However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, it can directly file a lawsuit with the People's Court.
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