Decision on the Punishment of the Crime of Copyright Infringement
People’s Republic of China Presidential Decree
Passed on 5 July 1994 during the 8th meeting of the 8th Standing Committee of the National People’s Congress
In order to punish the crime of infringement of copyright and related rights, the following supplementary stipulations are incorporated in the Criminal Law:
1. Those who commit one of the following copyright infringement situations with commercial aim, and of which the value of illegal income is relatively high or has other grave details, are to be punished with no more than three years of fixed-term imprisonments or short detention, in isolation or combined with a fine; those of which value of illegal income is huge or if there are other very grave circumstances, are to be punished with three to seven years of fixed-term imprisonment combined with a fine:
(1) Those who without permission from the copyright holder duplicate and distribute his written works, music, film television or recorded works, computer software and other works;
(2) Those who publish works of which others hold the exclusive publication right;
(3) Those who without permission from the maker of sound and video recordings duplicate and distribute sound and video recordings made by him;
(4) Those who make and sell fine art products palmed of as being signed by others.
2. Those who sell products of which they are fully aware to be infringing reproductions under Article 1 with commercial aim, and of which the illegal income is relatively large, are to be punished with fixed-term imprisonment not exceeding two years or short detention, in isolation or combined with fines; those of which the illegal income is huge, are to be punished with two to five years of fixed-term imprisonment combined with a fine.
3. Those work units that commit criminal acts counter to this Resolution, are to be punished with a fine, simultaneously, the directly responsible manager and other directly responsible personnel, will be punished according to the stipulations of this Resolution.
4. Confiscated infringing products, illegal gains and all other main materials, tools, facilities and other property used in the crime of copyright infringement belonging to the work unit or the person concerned is to be confiscated without exception.
5. Those who violate the stipulations of this Resolution and create damage to the infringed party, apart from being liable for criminal responsibility according to this Resolution, will also be sentenced to pay indemnities according to the situation and the law.
- This Resolution is applicable from the publication date.