Piracy that infringes the copyright of others is an infringement of intellectual property rights and should bear corresponding criminal liability. Piracy refers to the act of making copies of copied works, publications, etc. by new manufacturers that are identical to the source code and redistributing them without the consent or authorization of the copyright owner. National laws and regulations protect intellectual property rights, and piracy should be avoided.
Legal Analysis
According to regulations, without the permission of the copyright owner, privately copy and distribute, and disseminate to the public through information networks its written works, music, art, audio-visual works, computers software and other works stipulated in laws and administrative regulations; publishing books for which others have the exclusive right to publish; copying, distributing, and disseminating to the public through information networks the audio and video recordings produced without the permission of the audio and video producers; performing without the permission of the audio and video producers. Copying and distributing audio and video recordings of his/her performances without the permission of the author, or disseminating his/her performances to the public through information networks; producing and selling works of art that counterfeit the signatures of others; deliberately Avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc. Anyone who infringes copyright or copyright-related rights for the purpose of profit shall, if the amount of illegal gains is large or there are other serious circumstances, be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other serious circumstances If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 217 For the purpose of profit, any of the following infringements of copyright or In one of the circumstances of copyright-related rights, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to three years to fixed-term imprisonment of not less than 10 years but not more than 10 years, and also to a fine: (1) Without the permission of the copyright owner, copy, distribute, and disseminate to the public through information networks his literary works, music, fine arts, audio-visual works, computer software, and other acts as stipulated in laws and administrative regulations Other works; (2) Publishing books for which others have exclusive publishing rights; (3) Copying, distributing, and disseminating to the public through information networks the audio and video recordings produced without the permission of the audio and video producers; (4) Without the permission of the audio and video producers, Without the permission of the performer, reproduce and distribute audio and video recordings of his or her performance, or disseminate his or her performance to the public through information networks; (5) Produce and sell works of art that counterfeit the signature of others; (6) Without the permission of the copyright owner or the copyright owner, With the permission of the relevant right holder, the technical measures taken by the right holder to protect copyright or copyright-related rights are intentionally avoided or destroyed.
Article 218 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 punished with a five-year fine shall be sentenced to fixed-term imprisonment of not more than 10 years and concurrently or solely to a fine.