What is the definition of copyright infringement
The so-called copyright, also known as copyright, is the author or other copyright holder’s right to Exclusive rights in literary, artistic and scientific works created. Copyright is an important part of intellectual property rights. The crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software and other works without the permission of the copyright owner for the purpose of profit, the publication of books for which others have exclusive publishing rights, and the reproduction and distribution of audio-visual products produced by the copyright owner without the permission of the producer. Producing and exhibiting works of art that counterfeit the signatures of others, resulting in relatively large illegal gains or other serious circumstances.
Crime composition
Object elements: The object of the crime of copyright infringement is the country’s copyright management system and Copyrights and copyright-related rights and interests of others.
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. The act of publishing books for which others have exclusive publishing rights. Publishing refers to the act of editing and processing a work and then copying it and releasing it to the public.
3. Copying and distributing audio and video recordings without the permission of the audio and video producers is an infringement of the neighboring rights of the audio and video producers.
4. The act of producing and selling works of art that counterfeit the signature of others is an act of illegally making profits in the name of others.
Subjective elements: This crime is subjectively intentional and has the purpose of making profit. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of another person's work has expired, or even if it is intentional but for non-profit purposes such as pursuing reputation, this crime cannot be committed.
Conditions for conviction
Conclusion of infringementRegarding copyright crimes, we should mainly pay attention to distinguish the boundaries between crimes and non-crimes. Specifically, we should pay attention to the following points:
First, whether the perpetrator is "for profit" subjectively. If the perpetrator commits copyright infringement for other purposes such as damaging the reputation of others, this crime will not be constituted.
Second, pay attention to the role of the amount of illegal income and other circumstances in distinguishing crimes from non-crimes. A relatively large amount of illegal gains or other serious circumstances are the main criteria for distinguishing the crime of copyright infringement from general illegal activities. However, it should be pointed out that "the amount of illegal gains is relatively large" and "there are other serious circumstances" are optional requirements. As long as one of them is met, it can constitute this crime, and there is no need to meet both at the same time.
1. If a natural person commits this crime, he 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 , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The circumstances are particularly serious, which means the amount of illegal income is huge or there are other particularly serious circumstances. The so-called huge amount of illegal income, according to relevant judicial interpretations, refers to the amount of illegal income of an individual, that is, the amount of profit, which is more than 100,000 yuan, or the amount of illegal income of an organization is more than 500,000 yuan. The so-called other particularly serious circumstances refer to those who have one of the following circumstances:
(1) Being held criminally responsible for copyright infringement and also committing the crime of copyright infringement;
(2) The illegal business amount of an individual is more than 1 million yuan, and the illegal business amount of an unit is more than 5 million yuan;
(3) Causing other particularly serious consequences or having other particularly serious circumstances.
2. 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 the provisions of this article.
The above is the relevant content compiled for you by the editor of Legal Savior Network. Copyright is a crime created to protect the author's tangible interests and to combat piracy. If your situation is special and complex, it is recommended that you consult a lawyer. Our Legal Savior Network platform provides you with free legal consultation. You can consult any online lawyer.