Discussion on how to determine the crime of copyright infringement and the sentencing standards for the crime of copyright infringement

(1) Those whose illegal gains are in large amounts or the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall be fined; (2) Those whose illegal gains shall be in huge amounts or the circumstances are particularly serious shall be sentenced to fixed-term imprisonment of three to seven years and shall be fined. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Discussion on how to determine the crime of copyright infringement and the sentencing standards for the crime of copyright infringement

Criteria for determining copyright infringement crimes:

(1) Unauthorized copying and distribution of text, music, movies, TV and other works;

(2) Unauthorized publication of books with exclusive publishing rights;

(3) Reproduction and distribution of audio and video recordings without permission;

(4) Forging other people’s signatures to produce art works.

Sentencing:

(1) Those whose illegal gains are large or the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined;

(2) Those whose illegal gains are huge or the circumstances are particularly serious shall be sentenced to three to seven years in prison and fined.

"Criminal Law of the People's Republic of China" Article 217: For the purpose of profit, there is one of the following copyright infringement circumstances, and the amount of illegal gains is relatively large Or if 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 or solely be fined; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:

(1) Reproduction and distribution of written works, music, and 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) Without audio or video recording Reproduction and distribution of audio and video recordings produced by the producer without the permission of the producer;

(4) Production , Selling works of art that are counterfeited and signed by others.

2. Are unregistered works protected by copyright law?

Copyright is your exclusive right to write, draw or do scientific research works.

In our country, your work automatically belongs to you as soon as it is created, and there is no need to register it specifically.

In other words, regardless of whether you have a copyright certificate or not, as long as you are a Chinese person or organization, your works are protected by our country’s copyright law.

However, we need to remind you that although the copyright is automatically generated, registration can help you prove it. own rights, it is easier to defend your rights when encountering infringement issues

Even if you have not registered. However, if your work is infringed before registration, you can still pursue liability after registration.

So, friends who have not registered copyright, your works are also protected by law, and you can also be held accountable!