1. If a natural person commits this crime, he 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. If the circumstances are particularly serious, it means that the amount of illegal income is huge or there are other particularly serious circumstances. The so-called huge amount of illegal income, according to the provisions of the relevant judicial interpretation, refers to the large amount of illegal income of individuals, that is, the profit amount is more than 654.38+10,000 yuan, or the illegal income of units is more than 500,000 yuan. The so-called other particularly serious circumstances refer to one of the following circumstances: (1) being investigated for criminal responsibility for copyright infringement and committing the crime of copyright infringement; (two) the amount of illegal business of individuals is more than 6.5438+0 million yuan, and the amount of illegal business of units is more than 5 million yuan; (3) Causing other particularly serious consequences or having other particularly serious circumstances. 2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, with a total of more than 500 copies (copies), belongs to other serious circumstances stipulated in Article 217 of the Criminal Law; If the number is more than 2,500, there are other particularly serious circumstances stipulated in Article 217 of the Criminal Law. If the crime of infringing intellectual property rights meets the conditions of probation stipulated in the criminal law, probation shall be applied according to law. Under any of the following circumstances, probation is generally not applicable: (1) Infringement of intellectual property rights constitutes a crime again after criminal punishment or administrative punishment; (2) Not repenting; (3) refusing to hand over the illegal income; (4) Other circumstances in which probation is not applicable.

legal ground

Criminal law of the people's Republic of China

Article 217 Whoever, for the purpose of making profits, commits any of the following acts that infringe 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 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.