What is the administrative penalty for copyright infringement
There is "Copyright Law" Article 48 of the infringement acts, while harming social and public interests, the illegal business volume is more than 50,000 yuan, the copyright administrative department may impose an illegal business volume of 1 A fine of not less than 5 times but not more than 5 times; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, the copyright administrative department may impose a fine of not more than 250,000 yuan based on the severity of the case.
The form of administrative liability for copyright infringement is administrative penalties . Administrative penalties are sanctions imposed by administrative agencies on citizens, legal persons or other organizations that violate administrative laws and administrative penalty provisions in other laws but do not constitute a crime.
1. Administrative penalties for copyright infringement. According to the "Implementation Measures for Copyright Administrative Penalties", illegal acts subject to administrative penalties include: (1) Plagiarism and plagiarism of other people's works; (2) Reproduction and distribution of other people's works for the purpose of profit without the permission of the copyright owner: (3) Publish books for which others have the exclusive right to publish; (4) Publish audio and video recordings of their performances without the permission of the performers: (5) Copy and distribute the audio and video recordings made by them without the permission of the producers of the audio and video recordings; (6) Without the permission of the producers of the audio and video recordings, radio station, electricityTelevision stations license the reproduction and distribution of radio and television programs produced by them. (7) Produce and sell works of art that counterfeit the signature of others.
2. Form of administrative responsibility
(1) Warning. It is a warning and condemnation issued by administrative agencies to illegal actors, and is mainly applicable to relatively minor illegal acts.
(2) Order to stop making and distributing infringing copies Taste. The function of this form of punishment is to prevent the infringer from continuing to make profits by making and distributing infringing copies, but it does not touch the income that the infringer obtains from making and distributing infringing copies. Therefore, it is inappropriate to use this method alone when the infringer has already obtained benefits.
(3) Confiscation of illegal gains. It refers to paying all the profits obtained by the infringer through the infringement to the national treasury. This form of punishment is a supplement to the previous form of punishment, and the combination of the two can leave the infringer with nothing.
(4) Confiscate infringing copies. In order to prevent the infringer from distributing the infringing copies whether or not they have been produced and causing further damage to the victim, it is necessary to confiscate the infringing copies.
(5) Confiscate the equipment for making infringing copies . For those infringers who may continue to infringe, in order to fundamentally eliminate the possibility of continuing to make infringing copies, it is necessary to confiscate their equipment for making infringing copies.
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