What are the components of the crime of copyright infringement?

The constituent elements of the crime of copyright infringement: the subject is a general subject; the subjective aspect is intentional and has the purpose of profit; the object of the infringement is the country's copyright management system and other people's copyrights and copyright-related rights and interests; the constituent elements of the crime of copyright infringement are: What kind of question, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the constituent elements of the crime of copyright infringement

1. span style="text-indent: 2em;">The constituent elements of the crime of copyright infringement: the subject is a general subject; the subjective aspect is intentional and has the purpose of profit; the object of the infringement is the country's copyright management system and other people's copyrights and Copyright-related rights and interests; objectively, it refers to serious acts such as infringement of copyright or copyright-related rights, large amount of illegal gains, etc.

2. Legal basis:

Article 217 of the Criminal Law of the People's Republic of China

For the purpose of profit, any of the following infringements of copyright or In the case of copyright-related rights, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to three years A prison term of not less than 10 years but not more than 10 years, and a fine:

(1) Copying, distributing, and disseminating the written works to the public through information networks without the permission of the copyright owner , music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations;

(2) Publishing books for which others have exclusive publishing rights ;

(3) Copying, distributing, and disseminating the audio and video production to the public through information networks without the permission of the audio and video producer;

(4) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks;

(5) Producing and selling works of art that counterfeit the signature of others;

(6) Without the copyright owner or copyright-related rights With the permission of the right holder, intentionally avoid or destroy the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc.

2. What is the protection period of copyright?

(1) If the author of the work is a citizen, the protection period of his copyright property rights It is the author's lifetime plus 50 years after death. After the author dies, the protection period begins on January 1 of the year following the author's death, and the protection period expires on December 31 of the 50th year.

(2) For professional works owned by legal persons or other organizations, the copyright protection period is 50 years. However, if the work is not published within 50 years after its creation, the copyright law will no longer protect it. .

(3) The right to publish and property rights in film works and works created by similar filmmaking methods, photographic works, and the copyright of photographic works shall be protected for 50 years year, ends on December 31 of the 50th year after the work was first published, but if the work has not been published within 50 years since its creation, its copyright will no longer be protected.

(4) The protection period of the right to publish a collaborative work and the copyright of the copyright is the life of the author plus 50 years after his death, but the calculation of 50 years is based on the death time of the last co-author among the co-authors.

(5) For works with unknown authors, the copyright protection period is 50 years, ending on December 31 of the 50th year after the work was first published. However, once the identity of the author is confirmed, If determined, the general provisions of the Copyright Law shall apply.

(6) The publisher has copyright property rights in the layout design of the books and periodicals it publishes, and the protection of this right The period is 10 years, ending on December 31 of the 10th year after the first publication of books and journals using this layout design.

(7) The copyright protection period for audio and video works is 50 years, ending on December 31 of the 50th year after the first publication of the work.

(8) Radio stations and television stations have the right to rebroadcast, record on audio and video carriers, and copy audio and video carriers the broadcasts and television broadcasts. The protection period of this right is 50 years, ending on the 50th year after the broadcast. December 31.

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