Is the opening of private theaters an infringement?

With the popularization of my country's intellectual property laws and the country's emphasis on intellectual property rights, more and more legal disputes regarding intellectual property rights have arisen. Some are because they are not familiar with the laws related to intellectual property rights, and some are knowing the law and breaking the law. Some netizens have questions about Whether the opening of private cinemas constitutes an infringement? The editor of Legal Savior Network is here to answer your question.

Is the opening of private theaters an infringement?

The right of information network dissemination refers to the Providing works to the public in wired or wireless ways allows the public to obtain the rights to the works at a time and place of their own choosing; using works in this way without the permission of the copyright owner infringes upon the right holder's information network dissemination rights. When judging whether it constitutes infringement, it is necessary to consider whether the defendant's actions are authorized by the copyright owner and whether the public can obtain the work through the Internet at the time and place of their choice.

Punishment for private theater infringement

"Film Management Regulations"

55 Article 1 Anyone who violates the provisions of these Regulations and establishes film production, distribution, and screening units without authorization, or engages in film production, import, distribution, and screening activities without authorization shall be banned by the industrial and commercial administration department; in accordance with the provisions of the Criminal Law on the crime of illegal business operations , investigate criminal liability in accordance with the law; if the criminal penalty is not enough, the illegally operated movies and illegal income, as well as special tools and equipment for illegal business activities, will be confiscated; if the illegal income exceeds 50,000 yuan, a fine of not less than 5 times but not more than 10 times of the illegal income will be imposed If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not less than 200,000 yuan but not more than 500,000 yuan will be imposed.

Article 58 Anyone who exports, distributes, or screens a film that has not obtained a "Film Release Permit" shall be ordered by the film administrative department to stop the illegal act. Confiscate illegally operated movies and illegal income; if the illegal income exceeds 50,000 yuan, a fine of not less than 10 times but not more than 15 times of the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not less than 200,000 yuan and 50% shall be imposed A fine of not more than RMB 10,000 shall be imposed; if the circumstances are serious, the company shall be ordered to suspend business for rectification or the license shall be revoked by the original licensing authority.

Article 36 To establish a film distribution unit or a film projection unit, the following conditions must be met:

(1) Have the name and charter of the film distribution unit and film screening unit;

(2) Have a determined business scope ;

(3) Have organizational structures and professionals that meet the needs of the business scope;

(4) Having funds, places and equipment that meet the needs of the business scope;

(5) Other conditions stipulated by laws and administrative regulations.

Article 38 To establish a film screening unit, an application shall be submitted to the film administrative department of the people's government of the county or city with districts where it is located. The film administrative department of the people's government of the county or city with districts where it is located A decision of approval or disapproval shall be made within 60 days from the date of receipt of the application, and the applicant shall be notified. If approved, a "Film Projection Business License" will be issued, and the applicant shall go to the local industrial and commercial office with the "Film Projection Business License" The administrative department shall register and obtain a business license in accordance with the law; if it disapproves, the reasons shall be explained.

Article 44 The screening of films shall comply with the domestic regulations stipulated by the state. The proportion of screening time of films and imported films. The time for screening units of domestic films in a year shall not be less than two-thirds of the total time of screening films in a year.

From the above content, we can know that the opening of private theaters is infringement, and if private individuals need to play movies, they need to apply for a film screening license. The above content is compiled by the Legal Savior Network. For more questions, please consult the Legal Savior Network lawyers.