1. What are the court’s latest sentencing standards for copyright infringement
1. The court’s latest sentencing standard for the crime of copyright infringement is fixed-term imprisonment or criminal detention of not more than three years, and a fine or a fine alone; fixed-term imprisonment of not less than three years and not more than seven years, and a fine. The Criminal Law stipulates that any natural person who commits this crime 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 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 shall also be fined. .
2. Legal basis: Article 217 of the "Criminal Law of the People's Republic of China". For the purpose of profit, any of the following copyright infringement circumstances is illegal. If the amount of illegal income is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with 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 three years and not more than seven years, and shall also be fined. Penalties:
(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 exclusive publishing rights;
( 3) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(4) Producing and selling works of art that counterfeit the signature of others.
2. What is the fine standard for copyright infringement?
If the illegal income from copyright infringement exceeds 30,000 yuan, it constitutes copyright infringement. The amount is standard, for profit purposes, illegal gainsIf the amount is more than 30,000 yuan, it is a "large amount of illegal income"; if one of the following circumstances occurs, it is "there are other serious circumstances" and should be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and either concurrently or separately. Penalties:
(1) The illegal business amount exceeds 50,000 yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with the total number of copies exceeding one thousand (copies);
(3) Other serious circumstances.
To briefly summarize the above provisions, the amount of illegal income is more than 30,000 yuan, or the illegal business amount is more than 50,000 yuan, and the number of copies of infringing optical discs is more than 1,000. , can be sentenced to fixed-term imprisonment of not more than three years or criminal detention. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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