论侵犯著作权犯罪之规定

非法复制是非法销售的前提,非法销售和非法复制都是基于谋利而实现的侵犯他人著作权的系列活动,应作为一个行为看待,不应将复制、销售人为割裂;在对著作权损害的认定上,不应只单看违法所得的多少,还应看著作权人市场份额的损害程度;我国刑法应加大对著作权人个人利益的保护,兼顾个人利益和国家利益。

Definition of Copyright Infringement Crime

Illegal copying is the prerequisite for illegal sale. However, both are copyright infringement crimes for the purpose of illegal profit, therefore they should be regarded as a whole action. The determination of the damage caused by copyright infringement should be based not only upon the illegal income but also the level of damage of the market share of the copyright owner. The criminal law should protect the personal interests of the copyright owner and at the same time gives consideration to both state and personal interests.