How to punish copyright infringement

A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, 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; if a unit commits this crime, the unit shall be sentenced to A fine shall be imposed, and the person directly in charge and other directly responsible persons shall be punished in accordance with the above provisions. Regarding the question of how to punish copyright infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. How to punish the crime of copyright infringement

1. Commit the crime of copyright infringement The penalties are as follows: if a natural person commits this crime, he 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 circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; if an entity commits this crime, The unit shall be fined, and the persons directly in charge and other directly responsible persons shall be punished in accordance with the above provisions.

2. Legal basis:

"Criminal Law of the People's Republic of China" 210 Article 7: Anyone who commits one of the following copyright infringement situations for the purpose of profit, 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 or criminal detention, and shall also or solely be fined; the amount of illegal gains is huge or there are For other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: Copying and distributing his written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; publishing other people's works Books with exclusive publishing rights; copying and distributing audio and video recordings without the permission of the audio and video producers; producing and selling works of art that counterfeit the signature of others.

Article 220 of the "Criminal Law of the People's Republic of China", the unit commits the provisions of Articles 213 to 219 of this section If the crime is committed, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section.

2. How to calculate fines for copyright infringement

1. Compensation shall be given according to the actual loss of the right holder;

2. The actual loss is difficult to calculate, compensation may be provided based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement;

3. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, The people's court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.