What are the circumstances under which copyright infringement constitutes a crime?

What are the circumstances under which copyright infringement constitutes a crime? If readers encounter such problems in life that cannot be dealt with and need to be solved, you can read the content of this article. The editor of Legal Savior Network will answer the questions for readers below. I hope the following knowledge will be helpful to readers.

What are the circumstances under which copyright infringement constitutes a crime

1. The act of infringing the copyright of others is intentional and is for the purpose of profit. This is the line between sin and sin. "For profit" means that the perpetrator infringes the copyright of others for the purpose of obtaining illegal benefits. The purpose of profit-making is stipulated here, which is mainly to be distinguished from other purposes. For example, some teaching and scientific research units copy other people's works for teaching and scientific research; some individuals copy video products for personal viewing, study, and use, and do not use them as commodities. Enter the circulation field. These actions are not for profit and do not constitute a crime.

2. The perpetrator committed an infringement of the copyright of others Behavior. The law specifically stipulates four situations for infringing on the copyright of others:

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner. "Copyright owner" refers to the subject of copyright, that is, the recipient of copyright rights and obligations. According to the provisions of the Copyright Law, the copyright holder can be the author himself, or other citizens, legal persons or non-legal entities that enjoy copyright in accordance with the Copyright Law. "Copying" refers to the act of making one or more copies of a work by printing, copying, copying, rubbing, recording, videotaping, ripping, or photocopying. Copying without the permission of the copyright owner is a necessary condition for committing a crime. "Work" refers to written works, oral works, music, drama, folk art, dance works, fine arts, photography works, film, television, video works, industrial worksProcess design, product design drawings and their descriptions, graphic works such as maps and schematic diagrams, computer software and other works specified by laws and administrative regulations.

(2) Publishing books for which others have exclusive publishing rights. "Publishing" means editing and processing a work, then copying it and releasing it to the public. "Exclusive publishing rights" means that the book publisher enjoys exclusive publishing rights based on the publishing contract entered into with the copyright owner. Copyright Law stipulates that the exclusive publishing rights enjoyed by a book publisher during the contract period are protected by law, and others are not allowed to publish the work. Publishing books for which others have exclusive publishing rights without the consent of the owner of the exclusive publishing rights is an act of copyright infringement.

(3) Without the permission of the audio and video producer , copying and distributing the audio and video recordings produced by them. Audio and video producers, through editing and processing of original works, reproduce abstract original works in the form of intuitive and perceptual sounds and images, and enjoy exclusive publishing rights in the form of the reproduced works. Copying and distributing audio and video recordings without the permission of the audio and video producers is an infringement of the copyright of others. "Distribution" means providing copies of works to the public through wholesale, sale, rental, etc.

(4) Making and selling counterfeit signatures of others artwork. "Art works" refers to aesthetically significant two-dimensional or three-dimensional graphic art works composed of lines, colors or other methods, including paintings, calligraphy, sculptures, architecture, arts and crafts, etc. Producing and selling art works that are counterfeited by other people's signatures includes the following three methods: first, copying other people's paintings, signing other people's names, and selling them as fake other people's paintings; second, using one's own paintings, signing the name of a famous artist, and pretending to be other people's paintings. The third is to sign other people's paintings with the name of a famous painter, and sell them as paintings of famous painters, so as to make profits from them.