(1) Object Requirements
The object of this crime is the country’s copyright management system and the copyrights and copyright-related rights and interests of others.
(2) Objective elements
The objective aspect of this crime is copyright infringement and copyright-related rights, serious behavior.
Articles 47 and 48 of my country's Copyright Law stipulate 15 types of infringement of copyright and copyright-related rights and interests. However, according to this article, only the following four Several infringing acts can constitute this crime:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner. behavior of other works.
Without the permission of the copyright owner means without the consent of the copyright owner. The copyright holder generally refers to the author, but may also be other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law. According to the provisions of the Copyright Law, for works hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an 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 and shall enjoy copyright; derivative works The copyright is enjoyed by the performer, and the copyright of the 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, lyrics, composers, photographers, etc. of film, television, and video works The author enjoys the right of signature, 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. Any use of their works without the consent of the above persons is an act without the permission of the copyright owner.
According to the "Regulations on the Implementation of the Copyright Law", copying refers to the production of works by printing, copying, copying, rubbing, recording, videotaping, dubbing, re-photographing, etc. The act of making one or more copies; distribution refers to providing a certain number of copies of a work to the public through sale, rental, etc., in order to meet the public's reasonable needs. According to the provisions of this article, copying and distribution are closely linked as a whole. They must be present at the same time to constitute this crime. If only one of them is present, it does not meet the characteristics of this crime. Of course, if different actors conspire in advance to copy and distribute separately, it is a joint crime and can still be committed.to constitute this crime.
2. The act of publishing books for which others have exclusive publishing rights
Publishing refers to the After editing and processing, copying and releasing to the public. 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. Copying and distributing audio and video recordings without the permission of the audio and video producers
This is an infringement of the neighboring rights of the audio and video producers. Audio and video producers are those who produce audio and video products. Since they have not only invested a certain amount of manpower, material and financial resources, but also put in considerable original work, they are also legally entitled to license others to copy, distribute and receive remuneration for the audio and video products they produce. If others copy and distribute 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 is a kind of borrowing The act of making illegal profits in the name of others. It not only infringes on other people's personal rights (mainly the right of authorship), but will inevitably affect the sales of other people's art works, thereby indirectly infringing on other people's property rights. At the same time, this kind of behavior also deceives the public and has considerable harm to the order of our cultural market, so it should be punished.
(3) Subject requirements
The subject of this crime is a general subject, including criminal responsibility Natural persons who are of age and have the capacity for criminal responsibility, including units that engage in publishing and distribution activities with or without state approval.
(4) Subjective elements
This crime is intentional in the subjective aspect and has the purpose of making a profit Purpose. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of another person's work has expired, or even if it is intentional but for non-profit purposes such as pursuing reputation, this crime cannot be committed.