1. Is copyright infringement for profit?
1. Copyright infringement for the purpose of profit. If, for the purpose of profit, there is one of the copyright infringement situations such as publishing books for which others have the exclusive right to publish, and the amount of illegal gains is relatively large or there are other serious circumstances, it shall constitute the crime of copyright infringement and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be punished. Or a fine alone; 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.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 7 Whoever 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 other serious circumstances. 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:
(1) Copying, distributing, or transmitting information without the permission of the copyright owner Disseminate to the public online their written works, music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations;
(2) Publishing others Books with exclusive publishing rights;
(3) Copying, distributing, and disseminating to the public through information networks the recordings produced without the permission of the audio and video producers Video recording;
(4) Copying and distributing audio and video recordings of the performer's performance without the permission of the performer, or disseminating his or her performance to the public through information networks ;
(5) Producing and selling works of art that counterfeit the signature of others;
( 6) Without the permission of the copyright owner or copyright-related rights holder, deliberately avoid orDestroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his or her works, audio and video recordings, etc.
2. How to determine the crime of copyright infringement
The crime of copyright infringement involves the identification of many issues, such as how to identify "for profit", how to understand "without the permission of the copyright owner", what is "copying" and "Issue" etc.
1. To determine "for-profit purposes", according to China's relevant judicial interpretations, it can be determined if one of the following circumstances occurs:
(1) Collecting fees directly or indirectly by placing paid advertisements in other people's works, bundling third-party works, etc.;
(2) Disseminate other people's works through information networks, or use infringing works uploaded by others to provide paid advertising services on websites or web pages, charging fees directly or indirectly;
(3) Disseminating other people’s works through information networks on a membership basis, charging membership registration fees or other fees; fourth, other situations of using other people’s works for profit.
2. Understanding of “without the permission of the copyright owner”. In fact, without the permission of the copyright owner refers to the situation of not obtaining the authorization of the copyright owner, forging or altering the copyright owner's authorization document, or exceeding the scope of the authorization. This is an important basis for proving copyright infringement;
3. "Distribution" and "Copying". The so-called distribution includes general distribution, wholesale, retail, dissemination through information networks, leasing, exhibitions and other activities; the so-called copying refers to the act of making one or more copies of a work by printing, photocopying, audio and video recording, etc.
For the crime of copyright infringement, the person 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 amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to A term of imprisonment of not less than three years but not more than seven years, and a fine. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.