Verification and analysis of copyright infringement.

Cases related to copyright infringement crimes

The Adventures of Tintin: A Case of Book Piracy

In May, 20001,China Children's Publishing House imported and published the color picture book The Adventures of Tintin exclusively from Belgium. In July of the same year, the agency received a report from readers that there were a lot of wrong pages in the book "The Adventures of Tintin" purchased in the market. After verification, a domestic children's publishing house confirmed that the book was pirated. After investigation, the piracy was copied by Zhong Ziren, editor of the foreign cooperation department of the agency, taking advantage of his position. Su Zhikun, who is engaged in printing business, is responsible for contacting plate making, printing reproduction, Chen Lai forging printing procedures, contacting Beijing Metallurgical Daye Printing Co., Ltd. and other printing plants to pirate 5000 sets of comic book "The Adventures of Tintin", which will be pirated in Beijing Jinxing Printing Co., Ltd. and Beijing Tongzhou Hugezhuang Xibao Village Binding Factory.

In June, 2002 165438+ 10, Beijing Dongcheng District People's Court convicted the defendant Zhong Ziren of copyright infringement, sentenced him to five years' imprisonment and fined him 30,000 yuan. Defendant Su Zhikun was convicted of copyright infringement, sentenced to 4 years and 6 months in prison and fined 20,000 yuan; Defendant Chen Lai was convicted of copyright infringement, sentenced to 4 years in prison and fined 20,000 yuan.

Shanghai traffic map piracy case

Shanghai urban traffic map is a map work compiled by Shanghai Institute of Surveying and Mapping, published by Shanghai Science and Technology Publishing House and printed by Jiangsu Taicang Printing Co., Ltd. Shanghai Surveying and Mapping Institute owns the copyright of the map, and Shanghai Science and Technology Publishing House owns the exclusive publishing right of the map. 1999 10, Xue Moquan copied a traffic map of Shanghai. Later, Xue Mouquan entrusted others to illegally copy and print "Shanghai Urban Traffic Map" 15000 copies, and sold them at prices ranging from 2.2 yuan to 2 yuan. In early February of the same year, Xue Moquan copied a traffic map of Shanghai. Then he found Huo and asked Huo to contact him for printing. 199965438+From February to March, 2000, Xue Mouquan alone or together with the defendant Huo illegally printed more than 500 pirated maps 17 1500, and the illegal business amount was more than 850,000 yuan.

The court of first instance sentenced the defendant Xue Mou to two years' imprisonment and fined him 20,000 yuan for copyright infringement. The defendant Huo Zhongguang was sentenced to fixed-term imprisonment of 1 year and 6 months, and fined 1 ten thousand yuan; Illegal income shall be recovered. The court of second instance made a final ruling of "rejecting the appeal and upholding the original judgment".

Infringement case of selling pirated CDs

In May 2004, Xia Changsheng and He Tao each contributed 50,000 yuan to lease the house in Nanjing Huahongyuan as a business place to sell goods from & Guangzhou &; Pirated CDs bought elsewhere. On June 20th, 2006, Xuanwu Branch of Nanjing Public Security Bureau, together with Nanjing Cultural Bureau and other departments, arrested Xia Changsheng, He Tao and others who were selling pirated CDs, and seized 23 1.75 million illegal CDs on the spot. Appraised by Jiangsu Copyright Bureau, there are 20,849 infringing copies of audio-visual products and game software and 2,326 obscene CDs.

After trial, the Xuanwu District People's Court of Nanjing held that Xia He's distribution of CDs and computer software of music, movies and television works for profit without the permission of the copyright owner (trademark) was serious and constituted a crime of copyright infringement. Xia Changsheng was sentenced to fixed-term imprisonment of 1 year and fined 1 ten thousand yuan for the crime of copyright infringement. He Tao, an accessory, was sentenced to fixed-term imprisonment of 10 month and fined 8000 yuan.

Infringement case of high-tech employees

In March and April of 2002, Li and Huang went to work in a high-tech company. After that, Li served as the project manager of Hi-Tech Company, responsible for developing IAD series products, namely MG6000 series media access gateway. Huang is a research and development member of the project team. Li and Huang have repeatedly contacted and mastered the confidential documents of this series of products of Hi-Tech Company. After job-hopping, Li presided over the research and development of integrated access equipment products with the same functions as MG6000 series media access gateway of Hi-Tech Company. In order to develop this product, Li hired Huang from a high-tech company to work in the company. The two men used the technical information mastered by Hi-Tech Company to produce equipment and sell it in the market. The total sales amount was 8 1 10,000 yuan, resulting in a loss of 780,000 yuan for Hi-Tech Company.

& Guangzhou &; The Tianhe District People's Court found through trial that because Hi-Tech Company enjoyed the copyright of MG6000 series products, and the amount of illegal business after infringement by the two defendants reached 8 1 10,000 yuan, the actions of the two defendants both constituted the crime of copyright infringement. In April 2007, Tianhe District Court sentenced Li to three and a half years' imprisonment and fined him 60,000 yuan. Huang was sentenced to three years in prison and fined 40,000 yuan.

The case of illegally copying the TV series "Vanguard against pornography"

The copyright of the TV series "Vanguard Against Pornography" belongs to the TV Broadcasting Company Limited registered in Hong Kong. At the end of 1998, TV Broadcasting Co., Ltd. granted Ryder the exclusive right to broadcast the TV program "Vanguard Against Pornography" in China. 65438+1 In September, 1999, Shu Yamei took advantage of his position to defraud1set of radio tapes from Ryder Company and sent it to Chen Baohua, manager of Haitian Company. In the name of Haitian Company, the latter two signed broadcasting rights contracts with qtv, An TV Station and Yunnan TV Station, respectively, and sold fake and copied playing tapes to the above three TV stations, making illegal profits of more than 790,000 yuan.

The judgment of Haidian District People's Court in Beijing is as follows: Defendant Shu Yamei was convicted of copyright infringement, sentenced to 5 years' imprisonment and fined 654.38+10,000 yuan; Defendant Chen Baohua was convicted of copyright infringement, sentenced to 4 years in prison and fined 654.38 million yuan; The two returned more than 790,000 yuan to Ryder Company.