1. Punishment and sentencing for copyright infringement
1. Crime of copyright infringement The sentencing standard is: Whoever commits this crime and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; If the amount of illegal gains 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 ten years, and shall also be fined.
2. Legal basis: "Criminal Law" Article 217 One, for the purpose of profit, without the permission of the copyright owner, copy, distribute, and 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, the amount of illegal income 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 10 years and concurrently with a fine.
2. How to identify the crime of copyright infringement
1. Copying, publishing or producing Whether the behavior has a legal basis is an important criterion for distinguishing the crime of copyright infringement from illegality.
Legal copying, publishing or production activities include: activities with the permission of the copyright owner or use without the permission of the copyright owner but within the reasonable scope stipulated by law. the act of the work.
2. Pay attention to the amount standards and correctly distinguish between copyright infringement crimes and civil torts.
(1) The amount of illegal income is large or there are other serious circumstances , is an important criterion for distinguishing the crime of copyright infringement from civil infringement.
(2) Although there is an infringement of copyright, it does not amount to a large amount of illegal income or If the circumstances are not serious, it is a general civil infringement and cannot be treated as a crime.
In practice, both natural persons and entities may be guilty of copyright infringement. It's just that the specific penalty standards are different from the law. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult or go to the Legal Savior Network to consult a professional lawyer.