How to determine whether copyright infringement is legal?
Infringement of copyright, illegal gains If the amount is relatively large or there are other serious circumstances, the offender 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, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. gold. If the amount of illegal income is more than 30,000 yuan, or the amount of illegal business is more than 50,000 yuan, or if more than 1,000 infringing discs are copied, it is a serious case and may be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the illegal business amount is more than 150,000 yuan, or the illegal business amount is more than 250,000 yuan, and the number of copies of infringing optical discs is more than 5,000, it is a particularly serious case and may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. .
The crime of copyright infringement is subjectively intentional and has a profit-making purpose. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of other people's works has expired, or even if it is intentional but for non-profit purposes such as pursuing reputation, it cannot constitute a crime of copyright infringement. The objects infringed by this crime include not only the state's management order of the cultural market, but also the copyright rights enjoyed by copyright owners in accordance with the law in their works, and the rights enjoyed by the owners of neighboring rights in their works in accordance with the law.
The so-called "neighboring right holder of a work" refers to the disseminator of the work, such as publishers of books, newspapers, audio and video products, artistic performers, etc.; objective aspects Behaviors that are for profit-making purposes, violate copyright management regulations, infringe on the copyright of others without the permission of the copyright owner, have a large amount of illegal income, or have other serious circumstances.
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