Is it illegal to buy pirated goods? What is the law?

It needs to be divided into specific situations. If you buy pirated books and look at them yourself, from the perspective of civil liability, this situation is not infringement, so it can be said that it is not illegal. Because pirated books involve copyright issues, China's Copyright Law stipulates a wide range of rights of copyright owners, including four personal rights, namely, the right to publish, the right to sign, the right to modify and the right to protect the integrity of works; 12 types of real rights, namely, the right of reproduction, the right of distribution, the right of lease, the right of performance, the right of information network dissemination, etc. Whether an act is infringing depends on whether it belongs to the control scope of copyright. Buying pirated books to read does not infringe any of the above copyrights and does not constitute infringement. However, if selling pirated books infringes the copyright owner's distribution right, then making pirated books infringes the copyright owner's reproduction right. Some scholars have summarized the above problems and explained them from three aspects, namely, acquisition, enjoyment and use; Buying is an act of contact, reading is an act of enjoyment, and copying and distribution is an act of use. The copyright law only regulates the use of works, and contact and enjoyment are not controlled by copyright. Other laws do not regulate this behavior, so it is not illegal to buy pirated books.

Extended data

copyright law

Rule number one According to the Copyright Law of People's Republic of China (PRC) (hereinafter referred to as the Copyright Law), these Regulations are formulated.

Rule number two The term "works" as mentioned in the Copyright Law refers to the intellectual achievements that are original and can be reproduced in some tangible form in the fields of literature, art and science.

Rule three. Creation as mentioned in the Copyright Law refers to intellectual activities that directly produce literary, artistic and scientific works.

Organizing work, providing suggestions, material conditions or other auxiliary work for others' creation is not regarded as creation.

Article 4? The meaning of the following works in the Copyright Law and these Regulations:

(1) Written works refer to novels, poems, essays, papers and other works expressed in written form;

(2) Oral works refer to works expressed in oral language such as impromptu speeches, lectures and court debates;

(3) Musical works refer to songs, symphonies and other works with or without words that can be sung or played;

(4) Dramatic works refer to stage performances such as dramas, operas and local operas;

(5) Quyi works refer to cross talk, fast writing, drums, storytelling and other works with rap as the main form of expression;

(6) Dance works refer to works that express thoughts and feelings through continuous movements, postures and expressions;

(7) Acrobatic artistic works refer to acrobatics, magic, circus and other works expressed through body movements and techniques;

(8) Art works refer to plane or three-dimensional plastic art works with aesthetic significance, such as painting, calligraphy and sculpture, which are composed of lines, colors or other means;

(9) Architectural works refer to works of aesthetic significance in the form of buildings or structures;

(10) Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by means of instruments;

(11) cinematographic works and works created by methods similar to cinematography refer to works which are shot on a certain medium and consist of a series of pictures with or without sound, and which are projected by appropriate devices or disseminated by other means;

(12) Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principle or structure of things;

(13) Model works refer to three-dimensional works made in a certain proportion according to the shape and structure of objects for display, experiment or observation.

Article 5? The meanings of the following terms in the Copyright Law and these Regulations:

(1) Current affairs news refers to purely factual news reported through newspapers, periodicals, radio stations, television stations and other media;

(2) Sound recordings refer to sound recordings and other sounds of any performance;

(3) Video products refer to recordings of any continuous related images and audio and silent images except film works and works created by methods similar to movies;

(4) Producer of sound recordings refers to the person who produces sound recordings for the first time;

(5) Video producer means the first producer of video products;

(6) Performers refer to actors, performing units or other people who perform literary and artistic works.

Article 6? Copyright arises from the date of creation of a work.

Article 7? The works of foreigners and stateless persons as stipulated in the third paragraph of Article 2 of the Copyright Law are first published in China, and their copyrights shall be protected from the date of first publication.

Article 8? If a work of a foreigner or stateless person is published in China within 30 days after it is first published outside China, it shall be deemed that the work was published in China at the same time.

Article 9? If a cooperative work cannot be used alone, its copyright shall be shared by all the co-authors and shall be exercised through consultation; If no agreement can be reached through negotiation without justifiable reasons, neither party shall prevent the other party from exercising other rights except transfer, but the proceeds shall be reasonably distributed to all co-authors.

Article 10? Where the copyright owner permits others to make his work into a film work or a work created by a method similar to making a film, it shall be deemed that he has agreed to make necessary modifications to his work, but such modifications shall not distort or tamper with the original work.

Article 11? The "work tasks" stipulated in the first paragraph of Article 16 of the Copyright Law refer to the duties that citizens should perform in legal persons or organizations.

The "material and technical conditions" stipulated in the second paragraph of Article 16 of the Copyright Law refers to the funds, equipment or materials provided by legal persons or organizations specifically for citizens to complete their creations.

Article 12? Within two years after the completion of the work, with the consent of the unit, the remuneration obtained by the author from allowing a third person to use the work in the same way as the unit shall be distributed by the author and the unit according to the agreed proportion.

The two-year period for the completion of a work shall be counted from the date when the author delivers the work to the unit.

Article 13 The copyright of a work whose author is unknown shall be exercised by the copyright owner except the right of signature. After the identity of the author is determined, the author or his successor shall exercise the copyright.

Article 14 After the death of one of the co-authors, if the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of the Copyright Law are not inherited or bequeathed, the other co-authors shall enjoy them.

Article 15 After the death of an author, the rights of authorship, modification and integrity protection in his copyright shall be protected by the author's successor or legatee.

If the copyright has neither inheritance nor bequest, its right of authorship, amendment and protection of the integrity of the work shall be protected by the copyright administrative department.

Article 16 The use of works for which the state enjoys copyright shall be managed by the copyright administrative department of the State Council.

Article 17? If the author did not explicitly state that he would not publish unpublished works before his death, his right to publish may be exercised by his successor or legatee within 50 years after his death; If there is no heir or legatee, it shall be exercised by the owner of the original work.

Article 18? For a work of unknown author, the term of protection of the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of the Copyright Law ends at 65438+February 3 1 day in the fiftieth year after the first publication of the work. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.

Nineteenth the use of other people's works, should indicate the name of the author and the name of the work; However, unless otherwise agreed by the parties or because of the characteristics of the use of the work, it cannot be specified.

Article 20? Published works as mentioned in the Copyright Law refer to works published by the copyright owner himself or with the permission of others.

Article 21? According to the relevant provisions of the Copyright Law, the use of a published work without the permission of the copyright owner shall not affect the normal use of the work or reasonably harm the legitimate interests of the copyright owner.

Article 22? According to the provisions of Article 23, Paragraph 2 of Article 32 and Paragraph 3 of Article 39 of the Copyright Law, the remuneration standard for the use of works shall be formulated and published by the copyright administrative department of the State Council in conjunction with the price administrative department of the State Council.

Article 23? To use another person's work, a licensing contract shall be concluded with the copyright owner. The right to license is exclusive and should be in writing, except for works published in newspapers and periodicals.

Article 24? The content of the exclusive right to use stipulated in Article 24 of the Copyright Law is stipulated in the contract. If there is no agreement or unclear agreement in the contract, it shall be deemed that the licensee has the right to exclude anyone including the copyright owner from using the work in the same way; Unless otherwise agreed in the contract, the licensee must obtain permission from the copyright owner to allow a third party to exercise the same rights.

Article 25? Where an exclusive license contract or transfer contract is concluded with the copyright owner, it may be filed with the copyright administrative department.

Article 26? The copyright-related rights and interests mentioned in the Copyright Law and these Regulations refer to the rights enjoyed by publishers in the layout design of books and periodicals published by them, the rights enjoyed by performers in their performances, the rights enjoyed by producers of audio and video recordings, and the rights enjoyed by radio stations and television stations in broadcasting radio and television programs.

Article 27? Publishers, performers, producers of audio and video recordings, radio stations and television stations shall not infringe upon the rights of copyright owners who use works and original works.

Article 28? The book publishing contract stipulates that the book publisher shall enjoy the exclusive publishing right, but the specific content is not clear. It is deemed that the book publisher shall enjoy the exclusive publishing right of the original and revised books in the same language within the validity period of the contract and the geographical scope agreed in the contract.

Article 29? If the two orders issued by the copyright owner to the book publisher are not fulfilled within six months, it shall be deemed that the books stipulated in Article 31 of the Copyright Law are out of stock.

Article 30? If the copyright owner declares in accordance with the second paragraph of Article 32 of the Copyright Law that he shall not reprint or extract his work, he shall attach a statement when publishing the work in newspapers and periodicals.

Article 31? If the copyright owner declares in accordance with the third paragraph of Article 39 of the Copyright Law that he will not make a sound recording of his work, he shall declare it when the work is legally recorded as a sound recording.

Article 32? According to the provisions of Article 23, Paragraph 2 of Article 32 and Paragraph 3 of Article 39 of the Copyright Law, anyone who uses another person's work shall pay remuneration to the copyright owner within 2 months from the date of using the work.

Article 33? The performances of foreigners and stateless persons in China are protected by copyright law.

The performance rights enjoyed by foreigners and stateless persons under international treaties to which China is a party are protected by copyright law.

Article 34? Phonograms produced and distributed by foreigners and stateless persons in China are protected by copyright law.

The rights enjoyed by foreigners and stateless persons on phonograms produced and distributed by them according to international treaties to which China is a party are protected by copyright law.

Article 35? The rights enjoyed by foreign radio stations and television stations on the radio and television programs they broadcast according to the international treaties to which China is a party are protected by the copyright law.

Article 36? Where there is any infringement listed in Article 47 of the Copyright Law, and the public interests are harmed at the same time, the copyright administrative department may impose a fine of less than 3 times the illegal business amount; If the amount of illegal business is difficult to calculate, a fine of 654.38+10,000 yuan may be imposed.

Article 37? The copyright administrative department of the local people's government is responsible for investigating and dealing with the infringements that harm the public interests listed in Article 47 of the Copyright Law.

The copyright administrative department of the State Council can investigate and deal with the infringement that has great influence in the whole country.

Article 38? These Regulations shall come into force as of September 5, 2002. 199 1 The Regulations on the Implementation of Copyright Law in People's Republic of China (PRC), which was approved by the State Council on May 24th and promulgated by the National Copyright Administration on May 30th, was abolished at the same time.

References:

China Municipal Government Legal Information Network-Copyright Law