1. Should I be fined for illegally selling Audio and video products?
Illegal selling of audio and video products It is an offense and may be subject to fines and other penalties. This is because audiovisual products are generally protected by copyright law, and it is illegal to sell or copy audiovisual products without the permission or authorization of the copyright owner. Therefore, those caught selling audiovisual products illegally may face fines, criminal charges, or other legal consequences. The specific fine amounts and penalties will vary depending on the laws and regulations of the country and region.
Article 57 of the Copyright Law of the People's Republic of China
For the purpose of profit , if you copy, distribute, rent, exhibit, perform, screen, broadcast, or disseminate through information networks the works that have been published by others without the permission of the right holder, or in violation of the license agreement, you infringe the copyright, and the copyright owner may request that the infringement be stopped and the impact eliminated. Compensation for economic losses and legal liability can be pursued in accordance with the law. At the same time, according to the "Public Security Management Punishment Law", illegal sales of audio and video products will also be subject to an administrative fine of not more than 5,000 yuan.
2. How long is the statute of limitations for copyright infringement proceedings
1. The statute of limitations for copyright infringement is two years, starting from the date when the copyright owner knows or should know that the rights have been damaged and the person is obligated. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period.
Article 28 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"
The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the rights holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of filing the lawsuit, the statute of limitations for copyright infringement will not expire during the copyright protection period. Within the time limit, the People's Court shall order the defendant to stop the infringement; the amount of infringement damages shall be calculated two years forward from the date when the right holder files a lawsuit with the People's Court.
3. What are the constituent elements of the crime of organizing the broadcast of obscene audio and video products
(1) Object elements
The object of this crime is social management order and social customs. The crime of organizing the broadcast of obscene audio and video products, like other crimes related to obscene materials, infringes on the social management order and corrodes people's moral integrity to varying degrees. Mind.
(2) Objective elements
The objective aspect of this crime is to organize broadcasting The act of obscene audio and video products. The so-called "organized broadcasting" refers to the act of gathering multiple people or multiple times to play obscene audio and video products. This kind of behavior can be carried out at home, in society or in the workplace. Specifically, the so-called Playback means dissemination through machines such as projectors, recorders, and tape recorders. However, the method of playback is not unique to the crime of organizing the playback of obscene audio and video products. Under certain conditions, playing obscene products can also constitute the crime of spreading obscene materials. In addition, , since this article has clearly limited this crime to the act of organizing broadcasts, therefore, only broadcasting to individual people or merely participating in watching does not constitute this crime. The so-called "obscene audio and video products" mainly include obscene movies, videos, and slideshows Films, audio tapes, laser discs, etc.
(3) Main elements of this crime
The subject is a general subject, that is, a natural person who has reached the legal age of criminal responsibility and has the ability to be criminally responsible. A unit can also commit this crime.
(4) Subjective elements
(4) Subjective elements
p>This crime is intentional in the subjective aspect, and negligence does not constitute this crime. This crime cannot contain the purpose of making profit, otherwise it will constitute the crime of disseminating obscene materials for profit.
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