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侵犯著作權行爲的行政責任有哪些？

來源：知服服 ??? 日期：2021-06-24

如果侵犯他人著作權行爲同時損害公共利益時，構成著作權行政違法行爲。那麽這些侵犯著作權行爲的行政責任都有哪些具體規定呢？

侵犯著作权行为的行政责任有哪些.jpg

侵犯著作權行爲的行政責任有哪些？

1）對于構成著作權行政違法的行爲，著作權主管部門可以采取警告，責令停止侵權行爲，沒收違法所得，沒收、銷毀侵權複制品，並可處以罰款。

2）非法經營額5萬元以上的，著作權主管部門可處非法經營額1倍以上5倍以下的罰款。

3）沒有非法經營額或者非法經營額5萬元以下的，著作權主管部門根據情節輕重，可處25萬元以下的罰款。

侵犯著作權行爲情節嚴重的行政責任有哪些？

情節嚴重的，著作權主管部門還可以沒收主要用于制作侵權複制品的材料、工具、設備等。

具有下列情形之一的，屬于情節嚴重：

1）違法所得數額（即獲利數額）2500元以上的；

2）非法經營數額在1.5萬元以上的；

3）經營侵權制品在250冊（張或份）以上的；

4）因侵犯著作權曾經被追究法律責任，又侵犯著作權的；

5）造成其他重大影響或者嚴重後果的。

作品著作權侵權

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"There's another river like it in the Pacific Ocean," Frank explained; "it is called the Japan Current, because it flows close to the coast of Japan. It goes through Behring Strait into the Arctic Ocean, and then it comes south by the coast of Greenland, and down by Newfoundland. That's what brings the icebergs south in the Atlantic, and puts them in the way of the steamers between New York and Liverpool. To be free and to rule over freemen were, with Socrates, as with every Athenian, the goals of ambition, only his freedom meant absolute immunity from the control of passion or habit; government meant superior knowledge, and government of freemen meant the power of producing intellectual conviction. In his eyes, the possessor of any art was, so far, a ruler, and the only true ruler, being obeyed under severe penalties by all who stood in need of his skill. But the royal art which he himself exercised, without expressly laying claim to it, was that which assigns its proper sphere to every other art, and provides each individual with the employment which his peculiar faculties demand. This is Athenian liberty and Athenian imperialism carried into education, but so idealised and purified that they can hardly be recognised at first sight. The idea of such a provisional code seems to have originated with Zeno;61 but the form under which we now know it is28 the result of at least two successive revisions. The first and most important is due to Panaetius, a Stoic philosopher of the second century B.C., on whose views the study of Plato and Aristotle exercised a considerable influence. A work of this teacher on the Duties of Man furnished Cicero with the materials for his celebrated De Officiis, under which form its lessons have passed into the educational literature of modern Europe. The Latin treatise is written in a somewhat frigid and uninteresting style, whether through the fault of Cicero or of his guide we cannot tell. The principles laid down are excellent, but there is no vital bond of union holding them together. We can hardly imagine that the author’s son, for whom the work was originally designed, or anyone else since his time, felt himself much benefited by its perusal. Taken, however, as a register of the height reached by ordinary educated sentiment under the influence of speculative ideas, and of the limits imposed by it in turn on their vagaries, after four centuries of continual interaction, the De Officiis presents us with very satisfactory results. The old quadripartite division of the virtues is reproduced; but each is treated in a large and liberal spirit, marking an immense advance on Aristotle’s definitions, wherever the two can be compared. 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