What are the penalties for using copyright without permission?

Legitimate Copyright is protected by law. The copyright owner can handle the copyright through authorization and obtain copyright benefits. However, in practice, some people use other people's copyrights without permission. What are the penalties for using unauthorized copyrights? ? Below, the editor of Legal Savior Network will provide readers with relevant answers.

What are the penalties for using unauthorized copyrights

Using unauthorized copyrights Copyright is an infringement of copyright, and the infringer will face liability for civil compensation, administrative penalties, or criminal penalties.

Article 45 of the Copyright Law : "Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses:

(1) Failure to do so Publishing his or her work with the permission of the copyright owner;

(2) Treating a work created in collaboration with others as a work created solely by oneself without the permission of the co-author Published;

(3) Signed on other people's works for the purpose of seeking personal fame and fortune without participating in the creation;

(4) Distorting or tampering with other people’s works;

(5) Performing, broadcasting, exhibiting, or distributing without the permission of the copyright owner , making movies, TV shows, videos, or using works by adapting, translating, annotating, editing, etc., except as otherwise provided for in this law;

(6) Use Failure to pay remuneration in accordance with regulations for other people's works;

(7) Live broadcast of the performer's performance without his permission;

(8) Other acts that infringe upon copyright and copyright-related rights and interests."

Article 46 stipulates: "Anyone who commits the following infringements shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and publicly making amends.Civil responsibilities such as apology and compensation for losses, and administrative penalties such as confiscation of illegal gains and fines may be imposed by the copyright administrative department:

(1) Plagiarism and plagiarism of other people's works ;

(2) Copying and distributing his works for the purpose of profit without the permission of the copyright owner;

(3) Publishing books for which others have exclusive publishing rights;

(4) Producing the performers’ performances without their permission Publishing of audio and video recordings;

(5) Copying and distributing audio and video recordings without the permission of the audio and video producers;

(6) Copying and distributing radio and television programs produced by ** radio and television stations without their permission;

( 7) Producing and selling works of art that counterfeit the signature of others. "Article 47 stipulates: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations in compliance with the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the Civil Code. ”

How to define copyright crimes

Amount of illegal gains A relatively large amount or other serious circumstances are important criteria for distinguishing the crime of copyright infringement from a civil tort. Although there is an infringement of copyright, if the amount of illegal income does not reach a large amount or the circumstances are not serious, it is a general civil infringement and cannot be Treated as a crime. According to the judicial interpretation made by the Supreme People's Court, the "large amount of illegal income" here refers to the amount of illegal income for individuals exceeding 20,000 yuan and the amount of illegal income for units exceeding 100,000 yuan; "there are other serious circumstances." Refers to:

1. Those who have been held accountable for administrative or civil liability for copyright infringement more than twice and have also infringed upon copyright;

2. The illegal business amount of an individual is more than 100,000 yuan, and the illegal business amount of an unit is more than 500,000 yuan;

3 , causing other serious consequences or having other serious circumstances. The above content is the specific standard for distinguishing the nature of criminal offenses and civil infringements of copyright infringement, and should be paid attention to.

When investigating the crime of copyright infringement, attention should be paid to the provisions of the Copyright Law regarding copyright owners and their rights, copyright ownership, rights protection period, rights restrictions, etc., and distinguish between copyright infringement and legal use of works. boundaries to accurately punish criminal acts of copyright infringement and protect the legitimate rights and interests of copyright owners and legal users.

What are the characteristics of copyright permission

1. Copyright licensing does not change the ownership of the copyright. Through a copyright licensing contract, what the licensee obtains is only a certain period of time. Within the scope of the agreement and the right to use the work in a certain way, the copyright still belongs to the copyright owner and will not cause any rights defects.

2. The licensor's rights are subject to the stipulations of the contract. The licensee cannot exercise the rights beyond the stipulation without authorization. At the same time, it can only exercise the copyright in the agreed way and within the agreed area and period. At the same time, the licensee cannot use the rights it enjoys without authorization. Licensing others to use does not prohibit the copyright owner from licensing the same rights to others in exactly the same way, within the same territory and within the same period, unless the licensee enjoys an exclusive license with the right to sublicense.

3. The licensee generally cannot file a lawsuit against the infringer in his own name if a third party infringes his rights, because the licensee is not the subject of the copyright. , unless the copyright owner has granted exclusive use rights.

The above knowledge is the editor's answer to the question "How to punish the use of unauthorized copyrights", The use of unauthorized copyrights is an act of copyright infringement, and infringers will face liability for civil compensation, administrative penalties, or criminal penalties. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.