1. What is the meaning of attempted copyright infringement
1. Copyright infringement The crime of attempted crime means: the crime has been committed for the purpose of profit, there is one of the circumstances of infringement of copyright or copyright-related rights stipulated in Article 217 of the Criminal Law, the amount of illegal income is relatively large, or there are other serious circumstances. If the crime of copyright infringement fails due to reasons beyond the will of the criminal, it is an attempted crime of copyright infringement.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 7 [Crime of Copyright Infringement] 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 concurrently or solely A fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
(1) Failure to do so With the permission of the copyright owner, copy, distribute and disseminate to the public through information networks its written works, music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying, distributing, or Disseminating audio and video recordings made by the performer to the public through information networks;
(4) Copying and distributing audio and video recordings of his or her performance without the permission of the performer, Or disseminate their performances to the public through information networks;
(5) Produce and sell works of art that counterfeit the signature of others;
(6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoid or destroy the technical measures taken by the rights holder to protect the copyright or copyright-related rights for his works, audio and video products, etc.
2. Filing a case for copyright infringement What are the standards?
1. Article 217 of the "Criminal Law of the People's Republic of China" for the purpose of profit, there are the following copyright infringements In one of the circumstances, 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 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 not less than three years and seven years. The following persons shall be sentenced to fixed-term imprisonment and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, computers without the permission of the copyright owner Software and other works;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing the audio and video produced without the permission of the audio and video producer;
(4) Producing and selling fake signatures of others of works of art.
2. Copy and distribute written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner for the purpose of profit. , or publish books for which others have the exclusive right to publish, or copy and distribute the audio or video recordings made by them without the permission of the producers of the audio or video recordings, or produce or sell works of art that counterfeit the signature of others, and those who are suspected of any of the following circumstances shall be punished A case shall be filed for prosecution:
(1) The amount of illegal income exceeds 30,000 yuan;
(2) The illegal business amount exceeds 50,000 yuan;
(3) Reproduction and distribution of written works, music, movies, television, etc. without the permission of the copyright owner. The total number of copies of video works, computer software and other works exceeds 500 (copies);
(4) Without audio recordingWithout the permission of the producer, copy and distribute the audio and video products produced by the producer, and the total number of copies is more than 500 (copies);
(5) Other serious circumstances situation.
Based on what has been said above, only the person who owns the work can obtain the copyright. If it is infringed by others without reason, he will need to bear legal responsibility. If he commits a crime If an attempt is made in the process, generally law enforcement officers will be given a lighter punishment when dealing with it. As the infringer provides timely relief after committing the crime, he does not need to bear criminal liability. 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.