The crime of infringing copyright is objectively manifested as infringement of copyright and copyright-related rights and interests, and the circumstances are serious.
Article 15 and article 16 of The Copyright Law of China stipulate 15 ACTS of infringing copyright and copyright-related rights and interests, but according to the provisions of this article, only the following four ACTS of infringement can constitute the crime of infringing copyright:
1. Copying and distributing written works, music, films, television and video works, computer software and other works without permission of the copyright owner.
Publishing refers to the act of editing and processing a work and then reproducing it for distribution to the public.
3. The act of reproducing and distributing a sound recording or video recording produced by a sound recording or video producer without the permission of the producer is an act infringing upon the right of adjacent works of the sound recording or video producer.
The act of making or selling a work of art with someone else's signature.
According to the provisions of this article, the above four circumstances must also be a relatively large amount of illegal gains or other serious circumstances to constitute a crime of copyright infringement.According to the Supreme People's Court on the applicable (the standing committee of the National People's Congress concerning the punishment of crimes of infringing on copyright) explain some issues of the second article, personal illegal income amount is in twenty thousand yuan of above, units of the illegal income amount is in one hundred thousand yuan of above, belong to "the large amount of illegal income;Under any of the following circumstances, it shall fall under "other serious circumstances" : having been investigated for administrative or civil responsibility twice or more for infringing copyright;The amount of illegal operation by an individual is more than 100,000 yuan, and the amount of illegal operation by a unit is more than 500,000 yuan;Causing other serious consequences or having other serious circumstances.
IP Litigation Cost
- Created: 17-09-20
- Last Login: 17-09-20