Sentencing standard of copyright theft;
1. Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
(1) The amount of illegal income is more than 30,000 yuan;
(two) the amount of illegal business is more than fifty thousand yuan;
(three) the total number of computer software copied and distributed without permission is more than 500;
(4) Other serious circumstances.
2. Under any of the following 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) The amount of illegal income is more than150,000;
(two) the amount of illegal business is more than 250 thousand;
(3) The total number of computer software copied and distributed without permission is more than 2,500;
(4) Other serious circumstances.
If a unit commits a crime, it shall be convicted and sentenced according to three times the conviction and sentencing standard of the corresponding individual crime as stipulated in this interpretation.
What are the elements of plagiarism?
Plagiarism infringement, like other infringements, requires four elements:
1, which is illegal;
2. The objective facts of damage;
3. There is a causal relationship with the damage facts;
4. The actor is wrong. Because plagiarism needs to be published to produce infringement consequences, that is, the objective fact of damage, it is usually referred to as published plagiarism when identifying plagiarism.
Legal basis:
Article 217 of the Criminal Law of People's Republic of China (PRC) * * * commits one of the following acts of infringing copyright or copyright-related rights for the purpose of making profits. If the illegal income is relatively large or there are other serious circumstances, he 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.