Article 5 Whoever commits one of the acts of copyright infringement listed in Article 217 of the Criminal Law for the purpose of making profits, if the amount of illegal income is more than 3, yuan, it is considered as "a relatively large amount of illegal income"; Under any of the following circumstances, it belongs to "other serious circumstances", and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also, or only, be fined: < P > (1) The amount of illegal business operation is more than 5, yuan;
(2) Reproduction and distribution of written works, music,
movies, television, video works, computer software and other works without the permission of the copyright owner, and the total number of copies is more than 1,;
(3) Other serious circumstances.
For the purpose of making profits, if one of the acts of copyright infringement listed in Article 217 of the Criminal Law is carried out, the amount of illegal income is more than 15, yuan, which belongs to "huge amount of illegal income"; Under any of the following circumstances, it belongs to "other particularly serious circumstances", and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of copyright infringement, and shall also be fined:
(1) The amount of illegal business operation is more than 25, yuan;
(2) Reproduction and distribution of written works, music,
movies, television, video works, computer software and other works without the permission of the copyright owner, with a total number of more than 5, copies;
(3) Other particularly serious circumstances.
Article 6 Whoever commits the acts specified in Article 218 of the Criminal Law for the purpose of making profits, and the amount of illegal income is more than 1, yuan, is considered as "huge amount of illegal income", and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling infringing copies, and shall also or only be fined.
"without the permission of the copyright owner" as stipulated in Article 217 of the Criminal Law refers to the situation that the copyright owner has not been authorized or forged or altered the license document authorized by the copyright owner or is beyond the scope of authorization.
the act of spreading other people's written works, music, movies, television, video works, computer software and other works to the public through information networks shall be regarded as "reproduction and distribution" as stipulated in Article 217 of the Criminal Law.
please refer to /newshtmt.html? id=5269& NewsType=82 Analysis of Hot Spots in Intellectual Property Cases