1. What are the concepts and sentencing standards for the crime of copyright infringement
1. The crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software and other works without the permission of the copyright owner for the purpose of profit, the publication of books for which others have exclusive publishing rights, and the reproduction and distribution of audio-visual products produced by the copyright owner without the permission of the producer. , producing and publishing works of art that counterfeit the signatures of others, making illegal gains of relatively large amounts, or having other serious circumstances.
2. The sentencing standards for the crime of copyright infringement are as follows:
(1) The amount of illegal income is relatively If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years;
(2) If the illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to three years Fixed-term imprisonment of not less than ten years but not more than ten years.
3. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 7 [Crime of Copyright Infringement] For the purpose of making profits, if one of the following infringements of copyright or copyright-related rights 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, and concurrently or solely A fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
(1) Failure to do so With the permission of the copyright owner, copy, distribute and disseminate to the public through information networks its written works, 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, or disseminating the audio and video recordings produced by them to the public through information networks;
(4) Copying and distributing audio and video recordings of the performer's performance without the permission of the performer, or disseminating his or her performance 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 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. without the permission of the right holder.
p>2. What are the behavioral forms of copyright infringement
1 , the act of copying and distributing the written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner.
2. Publishing The act of copying and distributing books for which others have exclusive publishing rights.
3. The act of copying and distributing audio and video recordings without the permission of the audio and video producers.
3. p>
4. The act of producing and selling works of art that counterfeit the signature of others.
In the above, the main We have summarized four ways of committing the crime of copyright infringement. Once it is determined that the other party's behavior constitutes the crime of copyright infringement, he or she must be held criminally responsible in accordance with the law. I hope the above content can be helpful to you. If you have other questions, you can Click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
