for copyright infringement, of course, you will be punished, and if the circumstances are serious, you may even be suspected of committing a crime.
Law: Crime of Copyright Infringement
[ Interpretation ]
The concept of the crime of selling infringing copies: The crime of selling infringing copies refers to the act of selling copies for profit, knowing that they infringe the copyright and neighboring rights of others, and the illegal income is relatively large.
[ Criminal Law Provisions ]
Article 217 Whoever, for the purpose of making profits, commits any of the following cases of copyright infringement, and the amount of illegal gains 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) reproducing and distributing audio and video recordings made by the producer without the permission of the producer.
(4) producing or selling works of art with forged signatures of others.
article 22 if 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 each article of this section.
the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications (No.3 [1998] of December 17, 1998)
Article 2 For the purpose of making profits, if one of the acts of copyright infringement listed in Article 217 of the Criminal Law is committed, the amount of illegal income of an individual is more than 5, yuan, and the amount of illegal income of a unit is more than 2, yuan, which is a relatively large amount of illegal income. Under any of the following circumstances, it belongs to "other serious circumstances":
(1) Having been investigated for administrative liability or civil liability for copyright infringement for more than two times, and committing one of the acts of copyright infringement listed in Article 217 of the Criminal Law within two years;
(2) the amount of illegal business operation by individuals is 2, yuan, and the amount of illegal business operation by units is more than 1 million yuan;
(3) causing other serious consequences.
For the purpose of making profits, if one of the acts of copyright infringement listed in Article 217 of the Criminal Law is committed, the amount of personal illegal income is more than 2, yuan, and the amount of unit illegal income is more than 1 million yuan, which belongs to "huge amount of illegal income"; Under any of the following circumstances, it belongs to "other particularly serious circumstances":
(1) the amount of illegal business operations by individuals is more than one million yuan, and the amount of illegal business operations by units is more than five million yuan;
(2) causing other particularly serious consequences.
article 3 "reproduction and distribution" as stipulated in item (1) of article 217 of the criminal law refers to the act of copying and distributing written works, music, movies, television, video works, computer software and other works by the actor for profit without the permission of the copyright owner.
article 5 whoever commits an act of copyright infringement as stipulated in article 217 of the criminal law and sells the infringing copy, and the amount of illegal income is huge, shall only be convicted of copyright infringement and shall not be punished for several crimes.
whoever commits the crime of infringing copyright as stipulated in Article 217 of the Criminal Law and knowingly sells it as an infringing copy of others, which constitutes a crime, shall be punished for several crimes.
article 16 if a publishing entity conspires with others in advance to sell, lease or otherwise transfer the name, book number, serial number and edition number of the publishing entity, and others commit the acts specified in articles 2, 4, 8, 9, 1 and 11 of this interpretation, which constitutes a crime, the publishing entity shall be punished as the offender.
article 17 the term "business amount" as mentioned in this interpretation refers to the amount obtained by multiplying the pricing amount of illegal publications by the number of illegal publications operated by the actor.
The term "amount of illegal income" in this interpretation refers to the amount of profit.
if an illegal publication is not priced or priced in foreign currency, its unit price shall be determined according to the actual selling price of the actor.
the Supreme People's Court's Notice on Further Strengthening Judicial Protection of Intellectual Property Rights (No.111 [1994] issued on September 29, 1994) II ...
When people's courts try intellectual property cases, It is necessary to strictly apply the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Technology Contract Law of the People's Republic of China, the Copyright Law of the People's Republic of China and the Law of the People's Republic of China against Unfair Competition, and other laws and regulations, as well as the international treaties on intellectual property rights that China has acceded to or concluded. In the case of civil tort, in addition to ordering the infringer to bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology, and compensating for the losses, the infringer can also be given necessary sanctions such as confiscation of illegal income, fine or detention according to the specific circumstances of the case.
1. This crime is a new crime set by the National People's Congress Standing Committee (NPCSC)'s Decision on Punishing Crimes of Copyright Infringement. The revised Criminal Law establishes this crime. Among them, Article 1 of the Decision is retained in Article 217th.
2. For the criteria of "large amount" and "huge amount" of illegal income, see the column of "legal basis". The Supreme Court has made many judicial interpretations of the crime of privilege, which shall be subject to this interpretation on December 17, 1998. The amount standard in 1995 was relaxed (the original "large amount" was more than 2 thousand yuan, and the unit was more than 1 thousand yuan).
third, the elements of this crime are clearly defined in the criminal law, so I won't repeat them here.