1. What are the serious copyright infringements and legal liabilities?
1 , Serious copyright infringement behaviors and legal liabilities include: Under normal circumstances, legal liabilities include civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. If they should be held administratively responsible, the legal responsibilities include stopping the infringement, giving a warning, confiscating illegal gains, etc. If it constitutes a criminal offense, legal liability should also include criminal liability such as fixed-term imprisonment and fines.
2. Legal basis:
"Copyright Law of the People's Republic of China" Article 53 Article 1 Anyone who commits the following infringements shall bear the civil liability stipulated in Article 52 of this Law according to the circumstances; if the infringement also harms public interests, the department in charge of copyright shall order the infringement to cease, issue a warning, confiscate the illegal gains, and confiscate the infringement. , harmlessly destroy and dispose of infringing copies as well as materials, tools, equipment, etc. mainly used to make infringing copies. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed; no If the amount of illegal business or illegal business is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(5) Broadcasting, copying or disseminating radio or television to the public through information networks without permission, except as otherwise provided for in this law.
2. What are the requirements for establishing copyright infringement
1. Object requirements: The object of this crime is the country’s Copyright management system and the copyrights and copyright-related rights and interests of others.
2. Objective elements: The objective aspect of this crime is an infringement of copyright and copyright-related rights and interests, and the circumstances are serious.
3 , Subject requirements: The subject of this crime is a general subject, including natural persons who have reached the age of criminal responsibility and have the ability to be criminally responsible, as well as units engaged in publishing and distribution activities with or without state approval.
4. Subjective elements: The subjective aspect of this crime is intentional and has the purpose of making a profit. If the perpetrator copies someone else's work out of negligence, such as mistakenly believing that the protection period of another person's work has expired, Publishing, or even if it is intentional, but for the pursuit of reputation and other non-profit purposes, it does not constitute this crime.I hope the above content can be helpful to you, If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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