What is copyright infringement
The crime of copyright infringement refers to the violation of copyright management regulations for the purpose of profit. Infringing the copyright of others with the permission of the copyright owner, resulting in a large amount of illegal income or other serious circumstances.
The objects violated by this crime include the state’s influence on culture The management order of the market also includes the copyright rights that copyright owners enjoy in accordance with the law in their works, and also includes the rights that holders of neighboring rights enjoy in accordance with the law in their dissemination of works. The so-called "neighboring rights holder" refers to the disseminator of the work, such as books, newspapers, audio and video product publishers, artistic performers, etc.; objectively, the purpose of making a profit is to violate copyright management regulations, without the permission of the copyright owner. , infringe on the copyright of others, obtain a large amount of illegal income, or have other serious circumstances.
Specific include the following Four situations:
(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) Publishing books for which others have exclusive publishing rights;(3) Reproduction and distribution of audio and video recordings without the permission of the producer of audio and video;
(4) Production, Selling works of art counterfeiting the signature of others; the criminal subject is a general subject, including both natural persons and units; the subjective aspect is intentional.
When determining the nature of this type of case, it should be noted that although the perpetrator has committed an act of infringing the copyright of others, the illegal income does not meet the standard of a relatively large amount. If there are no other serious circumstances, it does not constitute a crime of copyright infringement and shall be handled as a civil infringement.
According to the provisions of Articles 217 and 220 of the Criminal Law, whoever commits this crime and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also 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 3 years but not more than 7 years and shall also be fined. If a unit commits this crime, a double penalty system shall be implemented, that is, the unit shall be fined and the unit shall be directly punished. The responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
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