Supreme People’s Court, Supreme People’s Procuratorate
Announcement of the Supreme People’s Court and the Supreme People’s Procuratorate
Interpretation No.12 [2005] of the Supreme People’s Court
This announcement, which was adopted at the 1365th meeting of the Judicial Committee of the Supreme People’s Court on September 26,
2005, and the 39th meeting of the Tenth Procuratorial Committee of the Supreme People’s Procuratorate on September 30, 2005, is hereby
promulgated, and shall come into force on October 18, 2005.
Supreme People’s Court
Supreme People’s Procuratorate
October 13, 2005
Reply of the Supreme People’s Court and the Supreme People’s Procuratorate about Relevant Issues of Handling Criminal Cases of Infringing
upon Copyright concerning Audio-visual Fixation
The higher people’s courts and the people’s procuratorates of all provinces, autonomous regions, and municipalities directly under
the Central Government, military courts and the military procuratorates of the PLA, the Production and Construction Corps branch
of the Higher People’s Court of Xinjiang Uigur Autonomous Region and the people’s procuratorate of Xinjiang Production and Construction
Corps:
After the issuance of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate about Relevant Issues
of Handling Criminal Cases of Infringing upon Copyright concerning Audiovisual Works, some higher people’s courts and the people’s
procuratorates at provincial level have requested instructions about some relevant issues of handling criminal cases of infringing
upon copyright concerning audio-visual fixation. Upon deliberation, you are hereby given a reply as follows:
Aiming at making profits, the act of duplicating and distributing audiovisual works without the permission of the producers, quantity
standard is applicable to the item 2 paragraph 1 and the item 2 paragraph 2 of Article 5 respectively of Interpretation of the Supreme
People’s Court and the Supreme People’s Procuratorate concerning Some Issues on the Specific Application of Law for Handling Criminal
Cases of Infringement upon Intellectual Property Rights.
The act of disseminating the audiovisual works to the public without the permission of their producers through information network
shall be deemed as a “reproduction and distribution” as prescribed in the Item 3 of Article 217 of the Criminal Law.
Hereby replied.
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