How to sentence and punish the crime of copyright infringement

Where a natural person commits this crime, he is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the above provisions.

Legal basis] Article 217 of the Criminal Law.

Crime of Copyright Infringement] Where there is any of the following circumstances of copyright infringement for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights, the punishment for the crime of copyright infringement is divided into the following two situations, namely:

1. Where the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine;

1) Carrying out any of the acts of copyright infringement listed in article 217 of the Criminal Law for the purpose of profit, and the amount of unlawful gains is 30,000 yuan or more, is "the amount of unlawful gains is relatively large".

2) In any of the following circumstances, it is "with other serious circumstances".

1) The amount of illegal business operation is more than 50,000 yuan;

2) Without the permission of the copyright owner, reproduce and distribute its written works, films, television, video works, computer software and other works, with a total of more than 1,000 copies (copies);

3) Other circumstances of serious circumstances. ”

To briefly summarize the above provisions, if the amount of the illegal office is more than 30,000 yuan, or the illegal business turnover is more than 50,000 yuan, and the copy of the infringing CD is more than 1,000 copies, the person can be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

2. Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1) Carrying out any of the acts of copyright infringement listed in Criminal Law article 217 for the purpose of profit, and the amount of unlawful gains is 150,000 yuan or more, is "the amount of unlawful gains is huge";

2) In any of the following circumstances, it is "having other especially serious circumstances".

1) The amount of illegal business operation is more than 250,000 yuan;

2) Without the permission of the copyright owner, reproduce and distribute its written works, films, television, video works, computer software and other works, with a total of more than 5,000 copies (copies);

3) Other situations with particularly serious circumstances. ”

To briefly summarize the above provisions, if the amount of the illegal office is more than 150,000 yuan, or the illegal business turnover is more than 250,000 yuan, and the number of infringing CDs is more than 5,000, the sentence may be up to seven years imprisonment.

Legal Analysis: Where there is any of the following circumstances of infringement of copyrights or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 217: Where any of the following circumstances infringe on copyrights or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given: (1) Without the permission of the copyright owner, copying Gao Lu's literary works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations; 2) Publishing books in which others enjoy exclusive publishing rights; (3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks; (4) Without the performer's permission, reproducing and distributing audio or video recordings of their performance, or disseminating their performance to the public through information networks; (5) Producing or counterfeiting works of art signed by others; (6) Without the permission of the copyright owner or the rights holder related to copyright, intentionally circumventing or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth.

The crime of copyright infringement in the Criminal Law refers to: for the purpose of making profits, copying and distributing the text, audio-visual and other works of the copyright owner without the permission of the copyright owner, publishing books for which others have exclusive publishing rights, reproducing and distributing the audio-visual products produced by the author without the permission of the producer, producing or exhibiting art works with the signature of others, and the amount of illegal gains is relatively large or there are other serious circumstances. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine.

Legal basis

Article 217 of the Criminal Law.

In any of the following circumstances where copyright or copyright-related rights are infringed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given

1) Without the permission of the copyright owner, Li Heng reproduces, distributes, or disseminates to the public through information networks his written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;

2) Publishing books in which others enjoy exclusive publishing rights;

(3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;

(4) Without the performer's permission, reproducing and distributing audio or video recordings of their performance, or disseminating their performance to the public through information networks;

The crime of copyright infringement is the act of reproducing and distributing texts, audio-visuals, computer software, and other works without the permission of the copyright owner for the purpose of profit, publishing books in which others have exclusive publishing rights, reproducing and distributing the audio-visual products produced by others without the permission of the producer, and producing or exhibiting art works that counterfeit the signatures of others, and the amount of unlawful gains is relatively large or there are other serious circumstances.

According to article 217 of the Criminal Law, where any of the following circumstances of copyright infringement are committed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.

In any of the following circumstances where copyright or copyright-related rights are infringed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of illegal trouser gains is huge or there are other especially serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

Legal analysis. Where, for the purpose of profit, there is any of the following circumstances of infringement of copyrights or copyright-related rights, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given

Legal basisCriminal Law of the People's Republic of China: Article 217:Where any of the following circumstances infringe on copyrights or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given: (1) reproducing, distributing, or disseminating to the public through information networks their written works, fine arts, audiovisual works, computer software, and other works provided for by laws and administrative regulations without the permission of the copyright owner; 2) Publishing books in which others enjoy exclusive publishing rights; (3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks; (4) Without the performer's permission, reproducing or distributing audio or video recordings of their performance, or disseminating their performance to the public through information networks; (5) Producing or counterfeiting works of art signed by others; (6) Without the permission of the copyright owner or the rights holder related to copyright, intentionally circumventing or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth.