What are the criminal liabilities for copyright infringement
1. For the purpose of profit, there is one of the following copyright infringement situations, the amount of illegal income is relatively large, or there are other serious circumstances 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 less than 3 years or criminal detention, and also or solely a fine; 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 less than 3 years but not more than 7 years, and also fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and their works without the permission of the copyright owner;
(2) Publish books for which others have exclusive copyright rights;
(3) Without the permission of the audio and video producers , copying and distributing audio and video recordings produced by them;
(4) Producing and selling works of art that counterfeit the signature of others.
2. Whoever, for profit, knowingly sells infringing copies and obtains a huge amount of illegal gains, shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also or solely be fined. Penalties.
3. If a unit commits a crime, the unit shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished.
What are the constituent elements of criminal liability for copyright infringement
1. Subjective liability conditions
(1) "Intentional". Although the word "intentional" does not appear in the above provisions, there is no objection in the theoretical circles to using "intentional" as the subjective attribution condition for criminal liability for copyright infringement.
(2) "For the purpose of profit". This subjective condition of liability is clearly stipulated in the article. It can be seen that "intentional" and "for the purpose of profit" They are two indispensable subjective attribution conditions for criminal liability for copyright infringement in my country. In other words, to pursue criminal liability for copyright infringement, the actor must have the subjective intention to infringe the copyright and for the purpose of profit.
2. Objective liability conditions
(1) Conduct or sales of copyright infringement Acts of infringing copies. Article 217 of the Criminal Law stipulates four types of acts of copyright infringement, and Article 218 stipulates the act of selling infringing copies. Anyone who commits any of these acts is satisfied with copyright infringement. An objective attribution condition for criminal liability.
(2) Serious circumstances. The amount of illegal income is relatively large or huge. According to the provisions of the criminal law, infringement of copyright, Only if the amount of illegal income is relatively large will it constitute a crime, and the act of selling infringing copies will only constitute a crime if the amount of illegal income is huge. Or other serious circumstances.
If the copyright infringement is infringed by others, you must bear the corresponding responsibility. The parties can find a lawyer for consultation and guidance through the Legal Savior Network.