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Requesting a case and analysis on copyright infringement

Related cases of copyright infringement

The "The Adventures of Tintin" book piracy case

In May 2001, a Chinese children's publishing house exclusively introduced publishing from Belgium I bought a color picture book "The Adventures of Tintin". In July of the same year, the publisher received a report from a reader claiming that the "Adventures of Tintin" purchased on the market contained a large number of wrong pages. After verification, a Chinese children's publishing house confirmed that the book was a pirated version. Later investigation revealed that the pirated copies were copied by Zhong Ziren, editor of the external cooperation department of the press, taking advantage of his position. Su Zhikun, who was in the printing business, was responsible for contacting the plate making and printing reproduction work. Chen Lai forged the printing commission procedures and contacted Beijing BEIJING Metallurgical Daye Printing Co., Ltd. The company and other printing plants pirated 5,000 sets of the comic book "The Adventures of Tintin" and bound them into volumes at Beijing BEIJING Jinxing Printing Co., Ltd. and Beijing BEIJING Tongzhou Hugezhuang Xibao Village Binding Factory. The illegal business volume Reaching more than 2.7 million yuan.

In November 2002, the People's Court of Dongcheng District, BEIJING City, Beijing, ruled in accordance with the law after a trial: the defendant Zhong Ziren was guilty of copyright infringement and was sentenced to 5 years in prison and fined 30,000 yuan; the defendant Su Zhikun was guilty of copyright infringement. For the crime of copyright infringement, he was sentenced to 4 years and 6 months in prison and fined 20,000 yuan. The defendant Chen Lai was found guilty of copyright infringement and was sentenced to 4 years and 6 months in prison and fined 20,000 yuan.

The case of pirated printing of "Shanghai Urban Traffic Map"

"Shanghai Urban Traffic Map" was compiled by the Shanghai Institute of Surveying and Mapping, published by Shanghai Science and Technology Press, and Taicang Printing Co., Ltd., Jiangsu Province Printed map works. Shanghai Institute of Surveying and Mapping owns the copyright of this map, and Shanghai Science and Technology Press owns the exclusive publishing rights of this map. In October 1999, Xue Moquan copied a film copy of "Shanghai Urban Traffic Map". Later, Xue Moquan entrusted others to illegally pirate and print 15,000 copies of the "Shanghai Urban Traffic Map" and sold them at prices ranging from 2.2 yuan to 2 yuan per copy. In early December of the same year, Xue Moquan copied a film copy of the "Shanghai Urban Traffic Map". Then he found Huo Chongguang and asked Huo to contact him for printing. From December 1999 to March 2000, Xue Moquan, alone or together with the defendant Huo Chongguang, illegally printed more than 171,500 copies of pirated maps, with an illegal business turnover of more than 850,000 yuan.

The court of first instance sentenced defendant Xue Moquan to 2 years in prison and fined 20,000 yuan for copyright infringement; sentenced defendant Huo Chongguang to 1 year and 6 months in prison and fined 10,000 yuan; Illegal gains 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 optical discs

In May 2004, Xia Changsheng and He Tao each invested 50,000 yuan to rent a house in Huahongyuan, Nanjing as a business premises, and sold goods from "Guangzhou" Pirated CDs purchased from other places. On June 20, 2006, during an inspection by the Xuanwu Branch of the Nanjing Municipal Public Security Bureau in conjunction with the Nanjing Municipal Cultural Bureau and other departments, Xia Changsheng, He Tao and others were caught selling pirated optical discs, and 23,175 illegal optical discs were seized on the spot. open. The Jiangsu Provincial Copyright Bureau identified 20,849 infringing copies of audio-visual products and game software, as well as 2,326 obscene CDs.

The Nanjing Xuanwu District People's Court held that Xia and He distributed music, film, TV discs and computer software for the purpose of profit without the permission of the copyright holder (trademark), and the circumstances were serious. , whose actions have constituted copyright infringement. For the crime of copyright infringement, Xia Changsheng was sentenced to 1 year in prison and fined 10,000 yuan in the first instance; his co-defendant He Tao was sentenced to 10 months in prison and fined 8,000 yuan.

Infringement Case of Hi-tech Employees

In March and April 2002, Li and Huang successively worked at Hi-Tech Company. Later, Li served as the project manager of Hi-tech Company, responsible for the research and development of IAD series products, namely MG6000 series media access gateways. Huang is a member of the research and development team of the project team. Li and Huang have contacted and mastered the confidential documents of this series of products of Hi-Tech Company many times. Later, Li left his job and joined another company, where he presided over the research and development of comprehensive access equipment products with the same functions as the MG6000 series media access gateways of Hi-Tech Company. In order to develop this product, Li hired Huang from a high-tech company to work in this company. The two used the technical information they obtained from Hi-Tech Company to produce the equipment and sell it on the market. The total sales amount reached more than 810,000 yuan, causing Hi-Tech Company to lose more than 780,000 yuan.

&The Guangzhou&Tianhe District People’s Court found that since Hi-tech Company owns the copyright to the MG6000 series of products and the illegal business amount of the two defendants after infringement amounted to more than 810,000 yuan, the two defendants’ actions have ***The same constitutes the crime of copyright infringement. In April 2007, the Tianhe District Court sentenced Li to 3 and a half years in prison and a fine of 60,000 yuan, and sentenced Huang to 3 years in prison and a fine of 40,000 yuan.

The case of illegal copying of the TV series "Anti-Pornography Pioneers"

The copyright of the TV series "Anti-Pornography Pioneers" belongs to the Television Broadcasting Company Limited registered in Hong Kong. At the end of 1998, Television Broadcasting Co., Ltd. granted Red Company the exclusive right to distribute its TV program "Anti-Pornography Pioneer" in mainland China.

In September 1999, Shu Yamei took advantage of her position to defraud a set of broadcast tapes from Ruide Company and gave it to Chen Baohua, the manager of Haitian Company. In the name of Haitian Company, the latter two signed broadcast rights contracts for the TV series "Anti-Pornography Pioneers" with Shandong Qilu TV, Xi'an TV, and Yunnan TV respectively, and sold the fraudulent and copied broadcast tapes to the above three TV stations, making illegal profits. More than 790,000 yuan.

Beijing BEIJING Haidian District People’s Court made the following judgment on this case: the defendant Shu Yamei was guilty of copyright infringement and was sentenced to 5 years in prison and fined 100,000 yuan; the defendant Chen Baohua was guilty of copyright infringement and sentenced to 4 years in prison In 2016, they were fined 100,000 yuan; the two of them jointly refunded Ruide Company more than 790,000 yuan.