The general sentence for copyright infringement is how many years

We know that Copyright can bring personal and property benefits to copyright holders, because copyright has great benefits, and the crime of copyright infringement has become a serious social problem. In many countries around the world, infringing on the copyright of others is defined as a crime, but the sentencing regulations vary from country to country. Today, let’s follow the editor of Legal Savior Network to learn how many years the sentence for copyright infringement is stipulated in our country.

1. How many years of imprisonment for copyright infringement

According to the Supreme People’s Court, the Supreme People’s Court According to the Interpretations of the People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement, the punishment for the crime of copyright infringement is divided into the following two situations, namely:

1. If the amount of illegal income 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 or solely be fined;

(1) To If the person commits one of the copyright infringement acts listed in Article 217 of the Criminal Law for the purpose of profit, and the amount of illegal income is more than 30,000 yuan, it is classified as "the amount of illegal income is relatively large."

(2) If one of the following circumstances occurs, it is classified as "having other serious circumstances."

(1) The amount of illegal business is more than 50,000 yuan;

(2) Without authorization With the permission of the copyright owner, copy and distribute its written works, music, movies, television, video works, computer software and other works with a total number of copies of more than 1,000 copies;

(3) Other serious circumstances. ”

To briefly summarize the above provisions, the amount of illegal business is more than 30,000 yuan, or the illegal business amount is more than 50,000 yuan, and the number of copied infringing discs is more than 1,000. If the amount of illegal income is huge or there are other particularly serious circumstances, the sentence shall be not less than three years but not more than seven years. Fixed-term imprisonment and a fine.

(1) For the purpose of profit, the implementation of one of the copyright infringement acts listed in Article 217 of the Criminal Law, illegal gains If the amount is more than 150,000 yuan, it is classified as "illegal income with a huge amount";

(2) If one of the following circumstances occurs, it is classified as "having other particularly serious circumstances."

(1) The amount of illegal business is more than 250,000 yuan;

(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with the total number of copies exceeding 5,000 copies;

(3) Other particularly serious circumstances. ”

To briefly summarize the above regulations, if the amount of illegal business is more than 150,000 yuan, or the illegal business amount is more than 250,000 yuan, the copying of infringing discs must be within 5 years. If there are more than 1,000 copies, you will be sentenced to fixed-term imprisonment of not more than seven years.

2. What are the forms of conduct for copyright infringement

The crime of copyright infringement is objectively manifested as serious behavior that infringes upon copyright and copyright-related rights and interests. According to the provisions of our country’s criminal law, there are four types of behavior that can constitute the crime of copyright infringement. This will be analyzed in detail below:

1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner The behavior of the work.

Without the permission of the copyright owner means without the consent of the copyright owner. The copyright owner generally refers to the author, and may also be other citizens who enjoy copyright in accordance with the law. Legal person or unincorporated unit. According to the provisions of the Copyright Law, for works hosted by a legal person or unincorporated unit, created on behalf of the will of the legal person or unincorporated unit, and for which the legal person or unincorporated unit assumes responsibility, the legal person or unincorporated unit shall be regarded as the author. , enjoys copyright; the copyright of a derivative work is enjoyed by the performer, and the copyright of a collaborative work is jointly enjoyed by the co-authors. If the work can be used alone or divided, the author can enjoy the copyright alone; directors, screenwriters, and screenwriters of film, television, and video works Authors of lyrics, music, photography, etc. have the right to sign, and other copyright rights are enjoyed by the producer. If the script, music, etc. can be used alone, the author has the right to exercise his copyright alone. Anyone who uses his or her works without the consent of the above persons , are all acts without the permission of the copyright owner.

2. The act of publishing books for which others have exclusive publishing rights.

Publishing is actually a special kind of copy distribution. When a publisher publishes a book, he or she generally needs to obtain the exclusive right to publish the work with authorization from the copyright owner. Exclusive publishing rights refer to the publisher’s exclusive right to produce and distribute the works delivered by the copyright owner into books in the form of original and revised versions at the time and place specified in the contract. It is an important right related to copyright, which is also exclusive and cannot be exercised by others, otherwise it will constitute infringement.

3. The act of copying and distributing audio and video recordings without the permission of the audio and video producers.

Audio and video producers are people who produce audio and video products. Since they not only invested a certain amount of manpower, material and financial resources, but also put in considerable original work, The audio-visual products they produce also have the right to permit others to copy and distribute them and receive compensation according to law. If others copy and distribute their audio-visual products without permission, it is of course an infringement of their rights.

4. The act of producing and selling works of art that counterfeit the signature of others.

This behavior not only infringes on other people’s personal rights (authorship rights), but will inevitably affect the sales of other people’s art works, thereby indirectly infringing on other people’s property rights.

Through the brief introduction above, as people pay more attention to intellectual property rights, although some people are opportunistic and want to benefit themselves by infringing on the copyright of others, Obtain illegal benefits, but after such behavior meets the legal standards for filing a case for copyright infringement, the perpetrator will be held criminally responsible in accordance with the law. Therefore, we must not take risks for the sake of benefits in our daily lives. If you have other questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult this website.