Copyright is the exclusive right granted by law to authors to create literary, artistic and scientific works. This right includes both personal rights and property rights. Copyright is an intellectual achievement and a part of civil rights. Disputes arising from copyright issues are mainly adjusted through civil laws, but if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. According to this article, the crime of copyright infringement must meet the following conditions: 1. The actor is subjective and intentional, with the purpose of making profits. This is the boundary between crime and non-crime. "For the purpose of making profits" means that the actor infringes on the rights of others in order to obtain illegal benefits. In recent years, China's cultural undertakings have developed rapidly, the book audio-visual market has developed vigorously, and publishing activities are also very active. At the same time, some criminals, in order to make huge profits, infringe on the copyright of others, which not only infringes on the legitimate rights and interests of copyright owners, but also undermines the state's management order of the cultural market. Therefore, this article will focus on acts that infringe the copyright of others for the purpose of making profits, and stipulate that criminal responsibility shall be investigated. The profit-making purpose stipulated in this article is mainly different from other purposes, such as some teaching and scientific research units copying other people's works for teaching and scientific research purposes; Some individuals copy audio-visual products or a computer program for individuals to watch, learn and use, and do not enter the field of commodity circulation as commodities, not for profit, and do not constitute a crime. 2. The actor objectively commits the act of infringing the copyright of others as stipulated in this article. The specific provisions of this article are as follows: (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 undertaker of copyright rights and obligations. According to the provisions of the Copyright Law, the copyright owner can be the author himself, or other citizens, legal persons or unincorporated units that enjoy copyright according to the Copyright Law. Reproduction refers to the act of making one or more copies of a work by printing, copying, copying, rubbing, recording, video recording, copying, copying, etc. Copying without the permission of the copyright owner is a necessary condition to constitute a crime. "Works" refer to written works, oral works, music, drama, folk art and dance works, fine arts and photography works, film, television and video works, drawings and descriptions of engineering design and product design, maps and schematic diagrams, computer software and other works as stipulated by laws and administrative regulations. (2) publishing books with exclusive publishing rights enjoyed by others. Publication refers to the editing, processing and reproduction of a work and its distribution to the public. "Exclusive publishing right" means that a book publisher enjoys the exclusive publishing right according to the publishing contract signed with the copyright owner. (3) Reproduction and distribution of audio and video products made by the producers of audio and video recordings without their permission. Producers of audio and video recordings edit and process the original works, reproduce the abstract original works in the form of audio-visual images, and enjoy exclusive publishing rights to the reproduced works. Reproduction and distribution of audio and video products made by the producer without permission is an act of infringing on the copyright of others. "Distribution" refers to providing copies of works to the public through wholesale, sale and rental. Essentially, it is an act of illegal publishing. (4) Making and selling works of art with forged signatures. "Works of art" refers to plane or three-dimensional plastic arts works with aesthetic significance, which are composed by lines, colors or other means, including painting, calligraphy, sculpture, architecture, arts and crafts, etc. There are three ways to make and sell fake signature works of art: one is to copy other people's paintings, sign their own names on them and sell them as fakes; The second is to sell one's own paintings in the name of famous painters and impersonate others' paintings; The third is to sell other people's paintings, the names of famous painters and the paintings of counterfeit famous painters to profit from them. 3. The above-mentioned behavior of the actor must have a large amount of illegal income or other serious circumstances in order to constitute a crime.
Legal objectivity:
Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Copyright Dispute Cases stipulates: "A civil lawsuit brought for copyright infringement shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing copy was stored or the place where it was seized and detained, and the place where the defendant was domiciled as stipulated in Article 47 of the Copyright Law." Copyright infringement as stipulated in Article 47 of the Copyright Law specifically refers to: 1. Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through the information network without the permission of the copyright owner (except as otherwise provided by this Law); (2) Publishing books with exclusive publishing rights enjoyed by others; 3. 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 (except as otherwise provided by this Law); 4. Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers (except as otherwise provided by this Law); 5. Broadcasting or reproducing radio and television without permission (except as otherwise provided by this Law); 6. Without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. (except as otherwise provided by laws and administrative regulations); 7. Deliberately deleting or changing electronic information on rights management such as works and audio-visual products. Without the permission of the copyright owner or copyright-related obligee (except as otherwise provided by laws and administrative regulations); Eight, the production and sale of counterfeit signature works. Note: 1. Location of infringing copies: refers to the place where a large number of infringing copies are stored or hidden for business operation; 2. Place of sealing up: refers to the place where the customs, copyright and industrial and commercial administrative authorities seal up infringing copies according to law.