1. If the illegal income of an individual is more than 100,000 yuan, and the illegal income of a unit is more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;

2. If it is not serious enough for criminal punishment and damages the public interest, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine;

3. If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies.

Because the crime of copyright infringement is subjective and intentional, it 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. The object infringed by this crime includes not only the state's management order of the cultural market, but also the copyright enjoyed by the copyright owner according to law and the rights enjoyed by the neighboring rights of works according to law.

legal ground

Criminal law of the people's Republic of China

Article 218 The crime of selling infringing copies for profit knowing that they are infringing copies specified in Article 217 of this Law, and if the amount of illegal gains is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined. Article 217 If the crime of copyright infringement aims at making profits, and the amount of illegal gains 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 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 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.