What to do if copyright infringement continues to have an impact
1 , can file a lawsuit in court, order the infringement to cease, give a warning, confiscate the illegal gains, confiscate, harmlessly destroy and dispose of the infringing copies as well as the materials, tools, equipment, etc. mainly used to make the infringing copies;
2. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed; if there is no illegal business volume, the illegal business volume is difficult to calculate or is insufficient If the amount exceeds 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.If infringement of copyright constitutes a crime, the person shall bear criminal liability. There are two crimes that constitute copyright crimes in criminal law:
(1) Crime of copyright infringement
Article 217 of the "Criminal Law" stipulates: For the purpose of making profits, if one of the following circumstances infringes on copyright or copyright-related rights, the amount of illegal income is relatively large, or there are other serious circumstances, he shall be sentenced to a fixed-term imprisonment of not more than three years Imprisonment, in addition to or solely a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, the sentence shall be not less than three years but not more than ten years in prison, and also a fine:
1) 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 without the permission of the copyright owner;
2) Publish books for which others have exclusive publishing rights;
3) Without the permission of the audio and video producer, Copying, distributing and disseminating to the public through information networks the audio and video recordings produced by them;
4) Without expressingCopying and distributing audio and video recordings of his or her performance without the permission of the performer, or disseminating his or her performance to the public through information networks;
5) Producing and selling counterfeit signatures of others artistic works;
6) Deliberately avoiding or destroying the rights holder’s works, audio and video recordings without the permission of the copyright owner or copyright-related rights holder Technical measures taken to protect copyright or copyright-related rights. ”
(2) Crime of selling infringing copies
"Criminal Law" 211 Article 18 stipulates: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years, and concurrently or solely. Penalties will be imposed.
Copyright belongs to the private rights of the author. No one can use the works of others without the consent of the author. If you use someone else's works illegally, you can file a lawsuit directly with the court, and the court will require you to pay corresponding compensation. Specific compensation needs to be negotiated by both parties.
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