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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS CONCERNING PUNISHMENT OF THE CRIME OF COPYRIGHT INFRINGEMENT

Decision of the Standing Committee of the National People's Congress Concerning Punishment of the Crime of Copyright Infringement

     Supplementary provisions to the Criminal Law are formulated as follows in order to punish crimes constituted by the infringement of copyrights and the infringement of rights and interests related to copyrights.

   Article 1 A party which has committed any of the following infringements of copyrights for profit-making purposes shall, in cases of relatively large amounts of illicit gains or in other serious cases, be sentenced to up to three (3) years imprisonment or to criminal detention and have a fine imposed singly or cumulatively; and shall, in cases of enormous amounts of illicit gains or other very serious cases, be sentenced to more than three (3) years and up to seven (7) years imprisonment or criminal detention and have a fine imposed concurrently:

(1) copying and publishing a written literary work, musical composition, film, television or musical work, computer software or other work without the consent of the copyright holder;

(2) publishing a book for which another party has exclusive rights of publication;

(3) copying and distributing an audio-visual recording without the consent of the audio-visual recorder who produced the recording;

(4) producing and selling fake works of art which are copies of other people's famous works.

   Article 2 A party which knowingly sells duplicates which infringe copyrights as stipulated in Article 1 of this Decision shall, in cases of relatively large amounts of illicit gains, be sentenced to up to two (2) years imprisonment or criminal detention and have a fine imposed singly or cumulatively; and shall, in cases of enormous illicit gains, be sentenced to more than two (2) years and up to five (5) years imprisonment or criminal detention and have a fine imposed concurrently.

   Article 3 If a unit has committed criminal offences as stipulated in this Decision, the unit shall be fined and those principal personnel directly responsible and other personnel directly responsible shall be punished in accordance with the provisions of this Decision.

   Article 4 The illicit gains from duplicates which have infringed copyrights which are discovered and seized, and the materials, tools, equipment and other property owned by a unit or individual which were used chiefly to infringe copyrights shall, without exception, be confiscated.

   Article 5 A party which has committed criminal offences as stipulated in this Decision, thus causing the aggrieved party to incur losses shall, in addition to having criminal liability pursued in accordance with this Decision, be ordered to compensate the aggrieved party for those losses, depending on the seriousness of the case, in accordance with the law.

   Article 6 This Decision shall take effect from the date of promulgation.

    




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