The constitutive elements of the crime of selling infringing copies are:
1, subject elements: the subject is a general subject;
2. Subjective elements: subjectively intentional and profitable;
3. Object elements: the object is the copyright of the copyright owner and the copyright management system;
4. objective elements: objectively, it is the act of selling works that are knowingly infringing copies and impersonate others' signatures for profit. The crime of selling infringing copies is an act of selling written works, music, television, television, video, computer software, books and other works that knowingly infringe others' copyrights and exclusive publishing rights, and counterfeiting others' signatures, resulting in huge illegal gains.
The difference between the crime of selling infringing copies and the crime of infringing copyright;
1, the subject elements are different: the subject of the crime of selling infringing copies can only be other natural persons or units other than the producers of infringing copies, and the subject of the crime of infringing copyright is generally the producers, and sometimes it may be the publishers or sellers who collude with the producers.
2. The objective aspects of the crime are different: the crime of selling infringing copies is objectively manifested as the act of selling infringing copies and the illegal income is huge; The crime of copyright infringement can be copied, distributed, published, produced and sold. If the amount of illegal income is large or there are other serious circumstances, it constitutes a crime.
Legal basis: Article 2 18 of the Criminal Law of People's Republic of China (PRC).
Whoever knowingly sells infringing copies for profit, and the amount of illegal gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.