Plagiarism in novels may lead to jail time. If the sales are for profit and the amount of illegal gains is relatively large or there are other serious circumstances, it will constitute a criminal offense and you will be jailed. Generally, you will be sentenced to fixed-term imprisonment of less than three years or criminal detention. For the purpose of making profits, if one of the following infringements of copyright or copyright-related rights occurs, and the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely fined; if the amount of illegal gains is huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
1. How to determine whether plagiarism in novels will lead to jail time:
1. If the perpetrator sells for profit, the amount of illegal income is relatively large, or there are other serious circumstances, he must Those who are imprisoned shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
2. However, if it does not constitute the aforementioned crime, it is a general illegal act and should bear corresponding civil liability. If it constitutes an administrative violation, it must bear administrative liability.
2. What materials are required to file a lawsuit against copyright infringement in court?
1. Complaint, and submit copies according to the number of defendants; the complaint must be signed or stamped by the plaintiff . If it is really difficult to write a complaint, the complaint may be filed orally, and the people's court will record the case and notify the other party. The complaint shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact number of the parties concerned; the name, residence, contact number of the legal person or other organization, and the name and position of the legal representative or principal responsible person; Litigation The request and the facts and reasons on which it is based; evidence and sources of evidence, names and addresses of witnesses;
2. Written evidence related to the facts complained of;
3. The plaintiff is a natural person, Submit their household registration and identity certificate materials; if the plaintiff and defendant are legal persons or other organizations, they must submit their industrial and commercial registration materials or business licenses, and legal representative identity certificates respectively.
3. Targets of the crime of copyright infringement
(1) Written works;
(2) Oral works;
(3 ) Music, drama, folk art, and dance works;
(4) Fine arts and photographic works;
(5) Film, television, and video works;
Legal Basis:
"Criminal Law"
Article 217
Item 1 stipulates that for the purpose of profit, any of the following infringements of copyright or are related to copyright In one of the relevant rights situations, if the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years in prison. Imprisonment of not more than ten years and a fine:
(1) Reproduction, distribution, and dissemination to the public through information networks of written works, music, art, audio-visual works, computer software, and laws without the permission of the copyright owner , other works stipulated in administrative regulations.
(2) Publishing books for which others have exclusive publishing rights.