If it is suspected of breaking the law, the court will make a fair judgment based on facts and taking the law as the criterion.
Copyright Law Article 3 Works mentioned in this Law include works in the fields of literature, art, natural science, social science and engineering technology. Created in the following form:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) cinematographic works and works created by similar cinematographic methods;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works as prescribed by laws and administrative regulations.
Article 6 Measures for copyright protection of folk literary and artistic works shall be formulated separately by the State Council.
Article 9 Copyright owners include:
(1) author;
(2) Other citizens, legal persons or other organizations that enjoy copyright according to this Law.
Article 10 Copyright includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;
(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;
(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;
(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.
Article 46 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights and interests.
Article 47 Whoever commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances. At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;
(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;
(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;
(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;
(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;
(eight) the production and sale of works signed by others.
Article 48 Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
Section 7 Crimes of Infringement of Intellectual Property Rights in Criminal Law
Article 213 The crime of counterfeiting a registered trademark, if a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 214 Crime of selling goods with counterfeit registered trademarks Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 215 Crime of illegally manufacturing or selling illegally manufactured registered trademark marks Whoever forges or sells another person's registered trademark marks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 216 Whoever commits the crime of counterfeiting patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
Article 217 Whoever commits a crime of copyright infringement for the purpose of making profits, in any of the following cases of copyright infringement, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television and video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
(4) producing or selling works of art with forged signatures of others.
Article 218 The crime of selling infringing copies is for profit. Whoever knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal income is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
Article 219 Whoever commits one of the following acts of infringing on trade secrets, thus causing heavy losses to the right holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets.
The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee.
The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.