How to determine the illegal income of a copyright infringer

There are many behaviors that infringe on other people's copyrights in real life, such as piracy of other people's books for sale, public performances of other people's works without permission, etc. The purpose of copyright infringement is generally to obtain illegal benefits, so how to determine the illegal gains of copyright infringers? ? Below, the editor of Legal Savior Network will provide readers with relevant answers.

How to determine the illegal income of a copyright infringer

If the copyright infringement is obtained by selling products, sales can be Calculation, if the infringing product does not have a price or the sales price cannot be found, the calculation will be based on the market middle price of the infringing product.

"Specific Application in Handling Criminal Cases of Intellectual Property Infringement" Interpretation of Several Legal Issues"

Article 5 begins with For the purpose of making profits, if one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out, and the Amount of illegal gains is more than 30,000 yuan, it is classified as "the amount of illegal gains is relatively large"; if one of the following circumstances is met, it is classified as "having illegal gains" "Other serious circumstances" 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 solely be punished with a fine:

(1) The illegal business amount exceeds 50,000 yuan;

(2) Reproduction and distribution of written works, music, movies, and television works without the permission of the copyright ownerVideos, video works, computer software and other works, the total number of copies exceeds one thousand (copies);

(3) Other serious circumstances.

For the purpose of profit, implement the 200th Article of the Criminal Code One of the copyright infringement acts listed in Article 17, if the amount of illegal gains is more than 150,000 yuan, it is a "huge amount of illegal gains"; if there is any of the following circumstances, it is "there are other particularly serious circumstances" and should be treated as an infringement Copyright crimes 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 illegal business amount exceeds 250,000 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. The total number of copies is less than 5,000 ( share) or more;

(3) Other special Serious circumstances.

"Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"

Article 12 The term "illegal business amount" as used in this Interpretation refers to the amount of manufacturing, storage, transportation and , The value of the infringing products sold. The value of the infringing products sold is calculated based on the actual sales price. The value of the infringing products manufactured, stored, transported and unsold is calculated based on the marked price or the actual average sales price of the identified infringing products. Calculation. If the infringing product does not have a price or its actual sales price cannot be found, the calculation will be based on the market median price of the infringed product.

For repeated violations of intellectual property rights without administrative processing or criminal punishment, the illegal business amount, illegal income amount or sales amount will be calculated cumulatively.

The "items" stipulated in Article 3 of this Interpretation are indicators A logo with complete trademark illustration.

Above Knowledge is the editor's answer to relevant legal issues. If the copyright infringement is obtained through the sale of products, the sales volume can be calculated. If the infringing product does not have a price or the sales price cannot be found, the calculation will be based on the market median price of the infringing product. If necessary For legal help, welcome to the Legal Savior Network for legal consultation.