Legal analysis
Piracy refers to the act of making identical copies by new manufacturers without the consent or authorization of the copyright owner, and redistributing the copied works and publications. In most countries and regions, this kind of behavior is defined as an illegal act of infringing intellectual property rights, and even constitutes a crime, which will be punished by the host country. According to the law, anyone who, for the purpose of making profits, spreads other people's written works, music, movies, television, fine arts, photography, video products, computer software and other works to the public through the information network without the permission of the copyright owner, has one of the following circumstances, and the illegal business amount is more than 50,000 yuan; Spreading others' works with a total number of more than 500 pieces (departments); Whoever spreads the works of others and is actually hit more than 50,000 times shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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 seven years and shall also be fined. The cost of piracy and infringement is high, and it is not worth the loss to send yourself to prison for economic benefits. Relevant actors should stop illegal and criminal acts to avoid serious consequences. Consumers should not covet petty profits, but should actively support genuine products. This can not only reduce the profit space of infringers, but also better protect China's intellectual property order and create a good innovation environment. Found illegal and criminal acts of copyright infringement, should be promptly reported to the public security organs or the cultural market administrative law enforcement team and other relevant departments. The copyright owner, also known as the "subject of copyright", refers to the person who enjoys copyright in literary, artistic and scientific works according to law. Copyright owners can be divided into original copyright owners and inherited copyright owners. The original copyright owner refers to the citizen who created the work and the legal person or unincorporated unit who is regarded as the author according to law; Succession right refers to a citizen, legal person or unincorporated unit that obtains copyright property right through inheritance, assignment, gift and other forms permitted by law.
legal ground
People's Republic of China (PRC) Criminal Law Amendment. Article 217 of the Criminal Law is amended as: "For the purpose of making profits, whoever commits one of the following acts of infringing on copyright or rights related to copyright, and the amount of illegal income is relatively large or there are other serious circumstances, 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) Copying and distributing his written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through the information network without the permission of the copyright owner; "(2) publishing books with exclusive publishing rights enjoyed by others;" (3) Copying and distributing the audio and video products made by the producer to the public through the information network without the permission of the producer; (4) reproducing and distributing audio and video products of their performances without the permission of performers, or disseminating their performances to the public through information networks; (5) producing and selling counterfeit works of art; "(6) Deliberately avoiding or destroying the technical measures taken by copyright owners to protect their works, audio and video products and other copyrights or copyright-related rights. Without the permission of the copyright owner or the copyright-related obligee. "
Decision of the NPC Standing Committee on Amending the Copyright Law of People's Republic of China (PRC). Article 48 is renumbered as Article 53 and amended as: "Anyone who commits one of the following acts of infringement shall bear the civil liability stipulated in Article 52 of this Law according to the circumstances; If the infringement damages the public interest at the same time, the copyright authority shall order it to stop the infringement, give it a warning, confiscate the illegal income, confiscate and harmlessly destroy the infringing copy and the materials, tools and equipment mainly used to make the infringing copy. If the illegal business amount is more than 50,000 yuan, a fine of more than one time and less than five times the illegal business amount may be imposed; If there is no illegal business amount, the illegal business amount is difficult to calculate or less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law: "(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination of his works to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law; "(2) publishing books with exclusive publishing rights enjoyed by others;" (3) 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, unless otherwise provided for in this Law; (4) Reproduction, distribution and dissemination of audio and video products made by producers of audio and video recordings to the public without permission, unless otherwise provided by this Law; (5) Broadcasting, reproduction or dissemination of radio and television to the public through information networks without permission, unless otherwise provided by this Law; (6) Deliberately circumventing or destroying technical measures without the permission of the copyright owner or copyright-related obligee, deliberately manufacturing, importing or providing devices or components mainly used for circumventing or destroying technical measures to others, or deliberately providing technical services for circumventing or destroying technical measures to others, except as otherwise provided by laws and administrative regulations; (7) Without the permission of the copyright owner or copyright-related obligee, Deliberately deleting or changing works, layout designs, performances, audio-visual products or rights management information on radio and television, knowing or should know that works, layout designs, performances, audio-visual products or rights management information on radio and television have been deleted or changed without permission, and are still provided to the public, except as otherwise provided by laws and administrative regulations; "(8) Producing or selling works signed by others."