1. How the crime of copyright infringement is specifically sentenced and punished
1. Sentencing and punishment for the crime of copyright infringement: Generally, the person shall be sentenced to fixed-term imprisonment of not more than three years 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 fixed-term imprisonment of not less than three years but not more than 10 years and concurrently with a fine. The objects of the crime of copyright infringement are the country's copyright management system and other people's copyrights and copyright-related rights and interests.
2. Legal basis:
"Criminal Law"Article 217
For the purpose of profit , who commits one of the following infringements of copyright or copyright-related rights, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; the amount of illegal gains is huge or there are other special circumstances If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
(1) Reproduction and distribution without the permission of the copyright owner , disseminate to the public through information networks its literary works, music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations;
(2 ) Publish books for which others have exclusive publishing rights;
(3) Copy, distribute, and disseminate to the public through information networks without the permission of the audio and video producers Produced audio and video recordings;
(4) Reproduction and distribution of audio and video recordings of performances without the permission of the performers, or through information networkscommunicating its performances to the public.
2. What are the dangers of copyright infringement
1. In my country's legal system, copyright infringement is an illegal act that infringes upon the legal rights of the copyright owner without his permission and seriously damages the interests of the copyright owner. Its main legal consequences are divided into civil liability and criminal liability.
2. First of all, in most cases of copyright infringement, according to the provisions of Articles 45 and 46 of the Copyright Law, the parties concerned must bear corresponding civil liability. Responsibility includes stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses. In addition, according to the provisions of Article 47 of the Copyright Law, in some cases where copyright is infringed due to violation of the licensing agreement, failure to perform contractual obligations, or performance of contractual obligations that does not meet the agreed conditions, the parties concerned must also bear corresponding civil liability in accordance with relevant provisions of relevant laws.
3. In addition, for some serious copyright infringements, the perpetrators must also bear corresponding criminal liability. The crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software and other works without the permission of the copyright owner for the purpose of profit, the publication of books for which others have exclusive publishing rights, and the reproduction and distribution of audio-visual products produced by the copyright owner without the permission of the producer. Producing and exhibiting works of art that counterfeit the signatures of others, resulting in relatively large illegal gains or other serious circumstances. According to the provisions of this article, the above four situations must also involve a relatively large amount of illegal income or other serious circumstances to constitute the crime of copyright infringement.
Because criminal prosecution is different from civil prosecution, criminal law has the principle of modesty and has higher requirements for evidence. In practice, it is indeed possible to ask the public security to open a case based only on clues. The investigation process is initiated, but more importantly, the copyright owner and its agent are required to collect and prepare the necessary evidence that meets the standards for criminal prosecution. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
