Types of liability for copyright infringement
Civil liability: (1) Stop the infringement; (2) Eliminate the impact and publicly apologize Apologize; (3) Compensate for losses. There is no clear agreement on the amount of compensation in the Copyright Law, but in judicial practice, it can be handled as appropriate with reference to the following factors:
1. Whether the consequences of the loss suffered by the victim are serious;
2. The extent to which the infringement reduces the value of the work;
3. The infringement is for profit or other improper reasons Purpose;
4. The subjective fault status of the offender;
5. The seriousness of the infringement;
6. How much profit does the offender make;
7. The social impact of the infringement;
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8. Economic status of both parties;
Administrative responsibilities: (1) Warning; (2) Order Stop making and distributing infringing copies; (3) confiscate illegal gains; (4) confiscate infringing copies and production equipment; (5) fine;
Criminal liability:
1. Crime of copyright infringement. For the purpose of making profits, if one of the following copyright infringement circumstances occurs, and 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 or solely be fined; if the amount of illegal gains is huge or there are other particularly serious circumstances If the circumstances are 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) Reproduction and distribution of written works, music, Film, television, video works, computer software and other works;
(2) Publishing books for which others have exclusive publishing rights;
(3 ) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(4) Producing and selling works of art that counterfeit the signature of others.
2. The crime of selling infringing copies. Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law and obtains a huge amount of illegal gains, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
3. The unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this article.
4. Seized infringing copies, illegal gains, and materials, tools, equipment or other property owned by the unit or the individual that are mainly used for copyright infringement crimes, All items will be confiscated.
5. Those who commit the above-mentioned crimes and cause losses to the infringed party shall, in addition to being held criminally liable, be ordered to compensate for the losses according to the circumstances.
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