How to determine the profit from selling courses
Only when the conditionsare met, will be filed for prosecution. The crime of selling infringing copies refers to the sale of written works, music, television, and television that knowingly infringe the copyright and exclusive publication rights of others for the purpose of profit. , videos, computer software, books and other works, as well as artworks counterfeiting the signatures of others, and illegal gains of huge amounts. From the concept of the crime of selling infringing copies, we can know that this crime is directed at the sales of infringing copies, and the crime of copyright infringement includes not only sales, but also production, production, sales, etc.
Article 217 of my country's "Criminal Law" stipulates: For the purpose of profit, there is one of the following copyright infringement circumstances, the amount of illegal gains is relatively large or there are 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 be fined, or shall 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, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books for which others have exclusive publishing rights;(3) Without audio or video recording Copying and distributing audio and video recordings made by the producer without the permission of the producer;
(4) Producing and selling works of art that counterfeit the signature of others.
Article 218 Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be punished with a three-year fine shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.
Article 5 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" stipulates: For the purpose of profit, If one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out and the amount of illegal income is more than 30,000 yuan, it is classified as "the amount of illegal income is relatively large";
Anyone who has any of the following circumstances shall be deemed to have "other serious circumstances" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also be fined or shall be fined alone:
(1) The illegal business amount is more than 50,000 yuan;
(2) Copying and distributing his written works without the permission of the copyright owner , music, movies, television, video works, computer software and other works, the total number of copies is more than one thousand (copies);
(3) Other serious circumstances.
Anyone who commits one of the copyright infringement acts listed in Article 217 of the Criminal Law for the purpose of profit, and the amount of illegal gains exceeds 150,000 yuan, It belongs to "a huge amount of illegal income";
If one of the following circumstances occurs, it belongs to "other particularly serious circumstances" and should be sentenced to more than three years for the crime of copyright infringement Fixed-term imprisonment of not more than seven years and a fine:
(1) The illegal business amount exceeds 250,000 yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner. The total number of copies is less than 5,000 (copies) The above;
(3) Other particularly serious circumstances.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement (2)" Article 1 For the Purpose of Profit , copying and distributing its written works, music, movies, television, etc. without the permission of the copyright owner.Video works, computer software and other works, if the total number of copies exceeds 500 (copies), it falls into the category of "other serious circumstances" stipulated in Article 217 of the Criminal Law; the number of copies exceeds 2,500 (shares) or more falls under "other particularly serious circumstances" stipulated in Article 217 of the Criminal Law.
Don't think that the act of selling courses is legal because it is easy and common. In fact, the act of selling courses may require corresponding legal liability. The content of sentencing for profit from selling courses and the standards for filing a case for profit from selling courses are not very clear. In order to benefit yourself, it is best to discuss it with a lawyer from the Legal Savior Network.
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