Reselling refers to an economic activity in which units engaged in commercial activities play the role of middlemen, buying at low prices and selling at high prices, and earning profit at different prices. Under the condition of market economy, this is a normal phenomenon and the essence of most commercial activities.
Reselling behavior is an economic activity in which an individual or unit plays the role of a middleman in commercial activities, and the actor buys relevant information at a low price and sells it at a high price to earn the difference profit. Under the condition of market economy, business behavior itself is a normal phenomenon and the essence of most business activities. However, commercial behavior needs to be exercised within the scope prescribed by law.
The following circumstances, if the circumstances are serious, can constitute a crime of copyright infringement. One is the act of copying, distributing or spreading to the public his written works, musical works, artistic works, audio-visual works, computer software and other works through the information network without the permission of the copyright owner. The second is the act of privately publishing books and works that others enjoy exclusive publishing rights. In reality, there are acts of infringing copyright without the permission of the copyright owner or copyright-related obligee. May constitute a crime of copyright infringement.
The constitutive requirements of an illegal act are:
1. Offenders must have legal responsibility or legal capacity.
2, illegal generally must have the intention or negligence of the actor. In principle, it is a fault that constitutes an illegal act. But if there is no fault, the law stipulates that it should bear legal responsibility or bear it.
3, must violate the law.
4. Violating the law must be an act that infringes on social relations protected by law to varying degrees.
legal ground
Criminal law of the people's Republic of China
Article 217 If the crime of copyright infringement aims at making profits, and the amount of illegal gains is relatively large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;
(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;
(five) the production and sale of counterfeit works of art;
(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.