1. How to compensate for personal non-commercial piracy infringement
Personal non-commercial piracy , if it is purely for entertainment with friends without any commercial use or making money, it is not considered infringement.
According to Article 22 of the Copyright Law, under the following circumstances, a work may be used without the permission of the copyright owner, and no remuneration shall be paid to the copyright owner, but it shall be specified The name of the author, the title of the work, and shall not infringe the other rights enjoyed by the copyright owner in accordance with this law:
(1) For personal study, research or appreciation, using someone else's already Published works;
(2) In order to introduce and comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;
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(3) In order to report current affairs news, unavoidably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media Articles on current affairs, except those where the author declares that they are not allowed to be published or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast in public Speeches delivered at rallies, except those where the author declares that they are not allowed to be published or broadcast;
(6) For school classroom teaching or scientific research, translation or small copy has been published The works are for use by teaching or scientific researchers, but they are not allowed to be published or distributed;
(7) State agencies use published works within a reasonable scope for the purpose of performing official duties;
(8)Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works collected by the library for display or preservation purposes;
(9) Free performances For published works, the performance does not charge fees to the public, nor pay remuneration to the performers;
(10) For works set or displayed in outdoor public places Copying, painting, photography, and video of artistic works;
(11) Copying works created in Chinese language that have been published by Chinese citizens, legal persons, or other organizations Works translated into ethnic minority languages will be published domestically;
(12) Convert already published works into Braille for publication. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
2. Is selling pirated copies considered infringement?
According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications", it is treated as an "illegal business crime", which is an infringement and illegal.
According to the provisions of the criminal law and relevant judicial interpretations, those who make huge illegal gains from "selling pirated books" shall be convicted and punished as "the crime of selling infringing copies" and may be sentenced to three years' imprisonment. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.
Article 218 of the "Criminal Law of the People's Republic of China" stipulates:
With Whoever knowingly sells infringing copies as stipulated in Article 217 of this Law for the purpose of profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
The fourth item of infringing copies stipulated in Article 217 is "books for which others have the exclusive right to publish", which is usually said pirated books.
The above is the answer given by the editor of Legal Savior Network on "How to compensate for personal non-commercial piracy infringement". We can understand that personal non-commercial piracy, if it is simply If it is for entertainment with friends and is not used for any commercial purpose or to obtain money, it is not considered infringement. If you want to know other legal knowledge, the lawLaw Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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