1. What are the sentencing standards for copyright infringement
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. . If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with Article 217 of the Criminal Law. Judging from the above legal provisions, the crime of copyright infringement is sentenced based on the amount of illegal income or the circumstances. There are two main types of penalties:
(1) If 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 or criminal detention, and shall also be sentenced to or Single penalty. According to relevant judicial interpretations, "large amount of illegal income" refers to illegal income exceeding 30,000 yuan. "Other serious circumstances" refers to: 1. The illegal business amount is more than 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. , the total number of copies exceeds one thousand (copies); 3. Other serious circumstances.
(2) If the amount of illegal gains 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 seven years, and shall also be fined. According to relevant judicial interpretations, "illegal gains with a huge amount" refer to illegal gains exceeding 150,000 yuan. "Other particularly serious circumstances" refers to: 1. The illegal business amount is more than 250,000 yuan; 2. Reproduction and distribution of written works, music, movies, television, video works, and computer software without the permission of the copyright owner. and other works, the total number of copies is more than 5,000 (copies); 3. Other particularly serious circumstances.
2. Crimes of copyright infringement Composition
1. Criminal subject:
The subject of the crime of copyright infringement is a general subject, including natural persons who have reached the age of criminal responsibility and have the ability to commit criminal responsibility. It also includes units that engage in publishing and distribution activities with or without state approval. According to the law: If a unit commits the crime of copyright infringement, a two-penalty system will be implemented, that is, the unit will be fined, and the person in charge directly responsible for it and other directly responsible persons will be fined. The responsible person shall be investigated for criminal liability in accordance with the provisions of this article.
2. Subjective aspect:
This crime In the subjective aspect, it is intentional and has a profit-making purpose. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of other people's works has expired, or even though it is intentional, it cannot be used for non-profit purposes such as pursuing reputation. constitutes this crime.
3. Object of the crime:
The object of the crime of copyright infringement is The country’s copyright management system and other people’s copyrights and copyright-related rights and interests.
4. Objective opposite:
The crime of copyright infringement objectively manifests itself as a serious infringement of copyright and copyright-related rights and interests.
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