What are the sentencing provisions for copyright infringement in the criminal law?

The sentencing provisions for the crime of copyright infringement in the Criminal Law are: a fixed-term imprisonment of not more than three years or criminal detention, and a fine; Penalties. Huge Amounts refer to the amount of illegal gains of an individual, that is, the amount of profits, exceeding 100,000 yuan, or the amount of illegal gains of an entity exceeding 500,000 yuan. Regarding the question of what the sentencing provisions for the crime of copyright infringement are in the criminal law, the editor of Legal Savior Network will give you a detailed answer below.

1. What are the sentencing provisions for copyright infringement in the criminal law

1. The sentencing provisions for the crime of copyright infringement in the Criminal Law are: a fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine alone; if the amount of illegal income is huge or there are other particularly serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine. Huge amounts refer to the amount of illegal gains of an individual, that is, the amount of profits, exceeding 100,000 yuan, or the amount of illegal gains of an entity exceeding 500,000 yuan.

2. Legal basis: According to Article 217 of the "Criminal Law of the People's Republic of China", for the purpose of profit, there is one of the following copyright infringement circumstances, If the amount of illegal income 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 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. Also subject to fines:

(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) Publish books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings without the permission of the producer of the audio and video recordings;

(4) Producing and selling artistic works that counterfeit the signature of others .

2. What are the principles for identifying copyright infringement

1. Fault principle: According to the specific provisions of the Civil Code and Copyright Law, fault is a principle in the determination of copyright infringement.

2. Principle of damage: Infringement is an act that infringes upon the legitimate rights and interests of others, and the act causes damage. Behavior without harmful consequences does not constitute an infringement. Since torts are always associated with damaging consequences, some scholars refer to torts as tortious damages.

3. The principle of fairness: The principle of fairness has been widely used in the field of civil rights protection. In this regard, some scholars believe that it can remedy the insufficient use of specific civil law regulations. In the absence of specific provisions in the law, judges can directly make rulings based on the concept of fairness and determine the allocation of rights, obligations and civil responsibilities between the parties. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.