What is the identification and punishment of copyright infringement
According to Article 217 of the Criminal Code: For the purpose of making profits, if one of the following copyright infringement circumstances occurs, and the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal gains is huge or there are other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings without the permission of the producers of audio and video recordings; (4) Producing and selling works of art that counterfeit the signature of others.
Identification of the crime of copyright infringement
Distinguish whether the work is infringedThe following points must be grasped for power crimes:
(1 ), whether there is a legal basis for the act of copying, publishing or production is an important criterion for distinguishing the crime of copyright infringement from illegality. Legal copying, publishing or production activities include: activities with the copyright owner's permission or activities without the copyright owner's permission but using their works within the reasonable scope stipulated by the law.
(2) Pay attention to the amount standards, Correctly distinguish between copyright infringement crimes and civil torts. A relatively large amount of illegal gains or other serious circumstances are important criteria for distinguishing copyright infringement crimes from civil torts. Although there is an infringement of copyright, if the amount of illegal gains does not reach a large amount or the circumstances are not serious, it is a general civil infringement and cannot be treated as a crime.
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