1. How to sentence criminal copyright infringement
1. Composition of natural persons For the crime of copyright infringement, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and also or solely a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and seven years. to fixed-term imprisonment of not more than 10 years and to a fine. If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 7,
For the purpose of profit, there is one of the following circumstances of infringement of copyright or copyright-related rights, the amount of illegal income is relatively large, or there are other serious circumstances 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 ten years, and shall also be fined:
(1) Reproduction, distribution, and dissemination to the public through information networks of its written works, music, art, audio-visual works, computer software, and other works stipulated in laws and administrative regulations without the permission of the copyright owner ;
(2) Publishing books for which others have exclusive publishing rights;
( 3) Copying, distributing and disseminating the audio and video produced to the public through information networks without the permission of the producer of the audio and video;
(4) Without the permission of the performer; License, copy and distribute audio and video recordings of his or her performance, or disseminate his or her performance to the public through information networks;
(5) Produce and sell fake signatures of others of works of art;
(6) Intentionally avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his works, audio and video products, etc., without the permission of the copyright owner or copyright-related rights holder.
2. What is the sentencing standard for copyright infringement
Any 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; the amount of illegal gains is huge or there is For other particularly serious circumstances, the offender 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 a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with Article 217 of the Criminal Law. Judging from the above legal provisions, the crime of copyright infringement is sentenced based on the amount of illegal income or the circumstances. There are two main types of penalties:
(1) If the amount of illegal gains is relatively large or 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 sentenced to or Single penalty. According to relevant judicial interpretations, "large amount of illegal income" refers to illegal income exceeding 30,000 yuan. "Other serious circumstances" refers to: illegal business amount of more than 50,000 yuan; copying and distributing written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, the number of copies The total number is more than one thousand (copies); other serious circumstances.
(2) 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 seven years, and shall also be fined. According to relevant judicial interpretations, "illegal gains with a huge amount" refer to illegal gains exceeding 150,000 yuan. "Other particularly serious circumstances" refers to: illegal business volume exceeding 250,000 yuan; copying and distributing literary works, music, movies, television, video works, computer software and other works without the permission of the copyright owner. The total number of copies exceeds 5,000 copies; other particularly serious circumstances.
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