What are the current criminal law provisions on sentencing for completed crimes of copyright infringement?

The criminal law's sentencing provisions for the crime of Copyright infringement are as follows: Generally, a person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined alone; 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 three years and not more than seven years. and impose a fine. The crime of copyright infringement infringes upon the copyright and copyright-related rights and interests of others. Regarding the issue of how the current criminal law provides for the sentencing of completed crimes of copyright infringement, the editor of the Legal Savior Network will give you a detailed answer below.

1. How does the current criminal law provide for the sentencing of completed crimes of copyright infringement

1. The criminal law’s sentencing provisions for the crime of copyright infringement are as follows: Generally, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, the sentence shall be not less than three years but not more than seven years. Imprisonment and a fine. The objects of the crime of copyright infringement are the country's copyright management system and other people's copyrights and copyright-related rights and interests.

2. Legal basis:

"Criminal Law of the People's Republic of China" 210 Article 7

For the purpose of profit, there are any of the following infringements of copyright or copyright-related rights, the amount of illegal income is relatively large, or there are other serious circumstances , 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 income is huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined:

(1) Copy, distribute, and disseminate to the public through information networks its written works, music, fine arts, audio-visual works, computer software, and other works stipulated in laws and administrative regulations without the permission of the copyright owner;

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

(3) ) Without the permission of the producer of the audio and video, copy, distribute and disseminate the audio and video produced to the public through the information network;

(4) Without the permission of the performer , copying and distributing audio and video recordings of their performances, 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 permission of the copyright owner or copyright-related rights holder, deliberately avoiding or Destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his or her works, audio and video recordings, etc.

2. What is the crime of infringing the right of name

Infringement of the right of name is a civil act and does not constitute a crime . Damage to the right of name is a kind of non-property damage, which has mental damage as its content but no direct property content because it embodies personal interests rather than property interests. Although the right to name has no property content, it has a certain connection with the property rights of the right subject and can indirectly cause property damage to the subject of the right to name. According to the "Judicial Interpretation of the Supreme Court on Determining Civil Mental Liability", a person whose right to name has been infringed can apply for a solitary payment for mental damage.

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