1, and the amount of illegal income is more than 30,000 yuan;
2, the amount of illegal business in more than fifty thousand yuan;
3, without the permission of the copyright owner, the total number of copies is more than 500 (copies);
4, other serious circumstances, should be filed for prosecution.
What are the constitutive elements of the crime of copyright infringement?
1, object element. The object of the crime of copyright infringement is the national copyright management system, as well as the copyright of others and copyright-related rights and interests;
2. objective factors. The crime of copyright infringement is objectively manifested as an act of infringing copyright and copyright-related rights and interests, and the circumstances are serious;
3. Main elements. The subject of the crime of copyright infringement is the general subject, including both natural persons who have reached the age of criminal responsibility and have criminal responsibility ability, as well as units engaged in publishing and distribution activities with and without state approval;
4. Subjective factors. Subjectively, the crime of copyright infringement is intentional and has the purpose of making profits. If the actor copies and distributes other people's works out of negligence, such as mistakenly thinking that the protection period has expired, or intentionally, but for non-profit purposes such as pursuing reputation, it cannot constitute a crime of copyright infringement.
Legal basis: Article 2 18 of the Criminal Law of People's Republic of China (PRC).
Whoever knowingly sells infringing copies for profit, and the amount of illegal gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.
Article 2 17
The crime of copyright infringement aims at making profits, and in any of the following circumstances, if the amount of illegal income is relatively large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or 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 10 years and shall also be fined:
(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;
(4) 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;
(five) the production and sale of counterfeit works of art;
(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.