1. What is the sentencing and punishment for committing the crime of copyright infringement
1. The penalty for the crime of copyright infringement is fixed-term imprisonment of not more than three years and a fine, or fixed-term imprisonment of three to ten years and a fine. If a unit commits a crime, the unit shall be fined, and the persons directly in charge and other persons directly responsible shall be sentenced to imprisonment.
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, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
2. What is the difference between the crime of copyright infringement and the crime of illegal business operations
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The difference between copyright infringement and illegal business crime is: copyright infringement means that the perpetrator copies and distributes without the permission of the copyright owner for the purpose of profit. His works, publishing books for which others have exclusive publishing rights, etc., the amount of illegal income is relatively large, or there are other serious circumstances. The crime of illegal business operations refers to the perpetrators violating state regulations and operating franchises and specialty items without permission.
Whoever commits one of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to not more than five years Fixed-term imprisonment or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the sentence is not less than five years of fixed-term imprisonment and a fine of not less than one time but not more than five times the illegal income, or confiscation of property: without permission Dealing in special items, monopoly items or other restricted items stipulated in laws and administrative regulations; buying and selling import and export licenses, import and export certificates of origin and other laws and administrative regulationsstipulated business licenses or approval documents; illegally operating securities, futures, and insurance businesses without the approval of relevant national competent authorities, or illegally engaging in fund payment and settlement business; other illegal business activities that seriously disrupt market order.
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