Is private printing an infringement of copyright?
The protection period of copyright rights is Fifty years, ending on December 31, the fiftieth year after the first publication of books and periodicals using this layout design. No one is allowed to use the publishing house's layout creativity and design without the permission of the publishing house. Therefore, the act of printing without permission has violated the publishing house's rights.
Determination of copyright infringement
When determining the crime of copyright infringement, we should mainly pay attention to distinguishing the boundaries between crimes and non-crimes. Specifically, we should pay attention to the following points:
First, whether the perpetrator is "for profit" subjectively. If the perpetrator commits copyright infringement for other purposes such as damaging the reputation of others, this crime will not be constituted.
Second, pay attention to the role of the amount of illegal income and other circumstances in distinguishing crimes from non-crimes. A relatively large amount of illegal gains or other serious circumstances are the main criteria for distinguishing the crime of copyright infringement from general illegal activities. However, it should be pointed out that "the amount of illegal gains is relatively large" and "there are other serious circumstances" are optional requirements. As long as one of them is met, it can constitute this crime, and there is no need to meet both at the same time.
At the same time, the following points should also be grasped when distinguishing crime from non-crime:
1. Whether there is a legal basis for the act of copying, publishing or production is an important criterion for distinguishing the crime of copyright infringement from illegality.
2. Pay attention to the amount standards and correctly distinguish between copyright infringement crimes and civil infringements.
The amount of illegal income is relatively large or there are other seriousCircumstances are an important criterion for distinguishing copyright infringement crimes from civil torts. Although there is an infringement of copyright, if the amount of illegal gains does not reach a large amount or the circumstances are not serious, it is a general civil infringement and cannot be treated as a crime. According to the judicial interpretation made by the Supreme People's Court, "the amount of illegal income is relatively large" here means that the amount of illegal income for individuals is more than 20,000 yuan, and the amount of illegal income for units is more than 100,000 yuan; "there are other serious circumstances" means:
(1) Those who have been held accountable for administrative or civil liability for copyright infringement more than twice and have also infringed upon copyright;
(2) The illegal business amount of an individual is more than 100,000 yuan, and the illegal business amount of an unit is more than 500,000 yuan;
(3) Causing other serious consequences or having other serious circumstances. The above content is the specific standard for distinguishing the nature of criminal offenses and civil infringements of copyright infringement, and should be paid attention to.
From the above analysis, we can see that in our country's legal provisions, if the printed work is printed privately or exceeds the original copyright owner's consent, If both parties agree on the printing quantity, it is very likely to constitute a crime of copyright infringement. It is recommended that in this case, both parties can choose to consult a lawyer to help deal with it. The Legal Savior website also provides lawyer online consultation services. You are welcome to provide legal consultation.
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