The crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software, and other works for the purpose of profit, without the permission of the copyright owner, the publication of books for which others enjoy exclusive publishing rights, the reproduction and distribution of audio-visual products produced by others without the permission of the producer, and the production or exhibition of art works that counterfeit the signatures of others, where the amount of unlawful gains is relatively large or there are other serious circumstances.
Netizen consultation:
How to determine the "for profit" in a copyright infringement case?
Lawyer answers:
In addition to sales, in any of the following circumstances, it may be found to be "for profit":
1) Directly or indirectly collecting fees by publishing paid advertisements or third-party works in the works of others;
2) Disseminating the works of others through information networks, or using infringing works uploaded by others, to provide services for publishing advertisements for a fee on ** or web pages, and directly or indirectly collecting fees;
3) Disseminating the works of others through information networks through the membership system, and collecting membership registration fees or other fees;
4) Other situations of exploiting the works of others for profit.
Lawyer adds:
The object of infringement of this crime includes not only the state's management order of the cultural market, but also the copyright enjoyed by the copyright owner in accordance with the law for his work, and the rights enjoyed by the neighboring rights holder in accordance with the law for the work disseminated. This crime is objectively manifested as an act that infringes on copyright and copyright-related rights and interests, and the circumstances are serious. The subject of the crime is a general subject, including both natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility, as well as units engaged in publishing and distribution activities with or without the approval of the state. The crime of copyright infringement is subjectively manifested as intentional and has a profit-making purpose.
Legal basis] Criminal Law of the People's Republic of China
Article 217: [Crime of Copyright Infringement] Whoever, for the purpose of making profits, infringes on copyrights or copyright-related rights in any of the following circumstances, 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, reproducing, distributing, or disseminating to the public its written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;
2) Publishing books for 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 permission of performers, reproducing or distributing audio or video recordings of their performances, or disseminating their performances 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 copyright-related rights holders, intentionally avoiding or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth.
Lawyer Jia Liyuan's profile
Lawyer Jia Liyuan, a full-time lawyer at Shandong Zhefa Law Firm, graduated from Shandong University with a bachelor's degree in law. At present, he serves as the perennial legal counsel of more than a dozen enterprises, involving construction and construction, medical cosmetology, cargo transportation, financial loans and other fields.