1. What is the sentencing and punishment for committing the crime of copyright infringement
1. The sentencing and penalties for the crime of copyright infringement are: if 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, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to more than three years He shall be sentenced to fixed-term imprisonment of not more than ten years and shall also be fined.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 7 For the purpose of making profits, if one of the following infringements of copyright or copyright-related rights occurs, and the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
Reproduction, distribution, or reproduction without the permission of the copyright owner. Disseminate to the public through information networks their written works, music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations.
2. What are the behavioral forms of copyright infringement
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner.
Without the permission of the copyright owner means without the consent of the copyright owner. The copyright holder generally refers to the author, but may also be other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law.
2. The act of publishing books for which others have exclusive publishing rights.
Publishing is actually a special kind of copy distribution. When a publisher publishes a book, he or she generally needs to obtain the exclusive right to publish the work with authorization from the copyright owner. Exclusive publishing rights refer to the publisher’s exclusive right to produce and distribute the works delivered by the copyright owner into books in the form of original and revised versions at the time and place specified in the contract. It is an important right related to copyright, which is also exclusive and cannot be exercised by others, otherwise it will constitute infringement.
3. The act of copying and distributing audio and video recordings without the permission of the audio and video producers.
Audio and video producers are people who produce audio and video products. Because they not only invest a certain amount of manpower, material and financial resources, they also put in considerable original work. , the audio and video products produced by it also have the right to license others to copy and distribute and receive compensation in accordance with the law. If others copy and distribute the audio and video products without permission, it is of course an infringement of their rights.
4. The act of producing and selling works of art that counterfeit the signature of others.
This behavior not only infringes on other people's personal rights (authorship rights), but will inevitably affect the sales of other people's art works, thereby indirectly infringing on other people's property rights.
Since both natural persons and entities can commit the crime of copyright infringement, the standards for filing cases and sentencing standards are based on the provisions of natural law for different types of subjects. Also different. Among them, if a natural person commits this crime, the perpetrator will generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. 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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