1. What are the elements required for copyright infringement
Copyright infringement must meet these conditions:
1. The work is protected by copyright;
2. He did this intentionally, such as publishing it himself first and then selling it or plagiarizing it;
3. It must be harmful;
4. This injury is related to the previous behavior;
5. Still There are other conditions that need to be met.
Article 52 of the Copyright Law of the People's Republic of China
Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:(1) Publishing works without the permission of the copyright owner;
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people’s works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works.
2. What are the penalties for copyright infringement
The "Criminal Law" provides the following penalties for copyright infringement:
1. Anyone whose illegal income is greater than or equal to 20,000 yuan or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and the minimum fine is 10,000 yuan;
2. Anyone whose illegal income is greater than or equal to 20,000 yuan and there are other particularly serious circumstances shall be sentenced to three to seven years in prison and a fine of up to five million yuan.
The amount of illegal income here refers to all illegal income in the name of an individual or an entity.
In addition, if the illegal business volume of an individual exceeds 100,000 yuan, the illegal business volume of an unit exceeds 500,000 yuan, or there has been Infringement of copyright has been investigated for administrative liability or civil liability more than twice, infringement of copyright again, or other serious consequences, etc., are all other serious circumstances.
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