1. The amount of reselling courses is considered infringement
The amount of reselling courses is 100,000 Infringement is only considered if the unsold goods are worth more than RMB 300,000.
The legal basis is: Article 217 of the "Criminal Law": For the purpose of profit, there is one of the following copyright infringement circumstances, and the amount of illegal gains is relatively large Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely 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 and not more than seven years, and shall also be fined: 1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books for which others have exclusive publishing rights; (3) Without recording Reproduction and distribution of audio and video recordings made by the video producer without the permission of the video producer; (4) Producing and selling works of art that counterfeit the signature of others.
Article 218: For the purpose of profit, illegal gains from selling copies that are knowingly infringing the provisions of Article 217 of this Law If the amount is huge, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
2. Misunderstandings about reselling:
1. Reselling is not equal to scalping
In modern society, it is important to mention When people think of reselling, they often instinctively think of ticket dealers, registered dealers and other criminals who are deeply disgusted and bring serious inconvenience to the daily lives of the people.
But the connection between reselling and scalping is not simply "reselling" = "scalper", but "reselling non-commodity" = "scalper", so-called Most of the non-commodities refer to the infrastructure funded by the state.Facilities and other social public resources generally only charge maintenance fees in terms of fees, which are social benefits provided by the state. The most typical ones are high-speed rail and train tickets.
It is not difficult to see from daily life that the country has been cracking down on the reselling of high-speed rail and train tickets, and has introduced a series of policies such as real-name verification. Reduce the possibility of buying tickets on behalf of others, but for ordinary commercial reselling, since the end of the planned economy, the country has only set up price bureaus, quality supervision bureaus and other units to regulate and manage the market, and has never restricted the reselling of formal and legal goods.
2. Reselling is not illegal
In the context of reselling, reselling has a certain derogatory connotation. Finally, the term reselling is often subject to additional misunderstandings, such as news reports, "A man was sentenced to seven months in prison for reselling concert tickets." Many people tend to focus on reselling and sentenced to seven months in prison. But in fact, the interpretation of this incident should be that "reselling concert tickets" resulted in a "seven-month sentence". According to relevant national regulations, it is prohibited to forge, alter, and resell tickets for trains, ships, airlines, theatrical performances, and sports competitions. Tickets or other valuable tickets or vouchers, so the key word of the man's crime was not simply "reselling", but the act of "reselling tickets that the state expressly prohibits reselling" that made him guilty.
Except for the categories of items that are explicitly prohibited from reselling by the state, the reselling of other regular goods not only does not violate the law, the resellers, that is, the middlemen Rights and interests will also be protected by national laws. There are many such examples around us. A simple bottle of mineral water has already passed through many layers of hands from production, transportation, wholesalers, sub-wholesalers and finally to the retailers. reselling, but its ownership and commodity value are undoubtedly recognized and protected by the law. If someone seizes regular goods on the grounds of combating reselling, they will undoubtedly be severely punished by law for robbery.
Although reselling courses can earn a certain amount of income, in real life, many people work part-time in this way. However, if the quantity exceeds the above, it will constitute illegal behavior and cause infringement. Therefore, if you want to obtain benefits, you should do some serious work. If you still have questions, you can seek legal consultation.
