Several Questions about Penal Code Protection of Copyright
Di Ying
Abstract
Di Ying
Abstract
Article 217 of penal law stipulates that four actions are infringement of copyright. As the scope of the object of the copyright the crime infringes doesn't extend, there exists vast defect in the crime, which often contradicts the copyright law. The scope of copyright the penal law protects is smaller than that of copyright law, in addition, the penal law pays attention to the protection of the property right of the copyright but neglects to protect the writer's body right. The necessary condition that takes making profit as the subjective purpose of that crime restricts the use of laws. There exists restricting relation between the prescription stipulated in penal law and the protection of copyright. With the issue of the copyright law, the design that constructs the crime of infringement of copyright has lagged behind, so it must be modified as soon as possible.
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Article 217 of penal law stipulates that four actions are infringement of copyright. As the scope of the object of the copyright the crime infringes doesn't extend, there exists vast defect in the crime, which often contradicts the copyright law. The scope of copyright the penal law protects is smaller than that of copyright law, in addition, the penal law pays attention to the protection of the property right of the copyright but neglects to protect the writer's body right. The necessary condition that takes making profit as the subjective purpose of that crime restricts the use of laws. There exists restricting relation between the prescription stipulated in penal law and the protection of copyright. With the issue of the copyright law, the design that constructs the crime of infringement of copyright has lagged behind, so it must be modified as soon as possible.
Key concepts: Scope (computer science), Copyright law, Law, Criminal law, Common law copyright, Profit (economics), Law and economics, Copyright infringement