How to judge whether an image is infringing

Publishing pictures without the permission of the copyright owner; using picture works for exhibitions, making movies, or using methods similar to making movies, or using picture works by adapting, translating, annotating, etc. without the permission of the copyright owner; using other people's pictures For works, remuneration should be paid but has not been paid; for not participating in the creation, for the purpose of seeking personal fame and fortune, signing one's name on other people's works, etc. Below, the editor of Legal Savior Network has compiled relevant content for you. Let’s take a look at it together.

1. How to judge whether a picture is infringing

1. Without copyright without the permission of the copyright owner, publish the pictures;

2. Use the picture works for exhibition, making movies or using methods similar to making movies without the permission of the copyright owner, or Using picture works in the form of adaptation, translation, annotation, etc.;

3. Using other people's picture works for which remuneration should be paid but has not been paid;

4. Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation.

Legal basis

Article 47 of the Copyright Law of the People's Republic of China

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Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publish the work without the permission of the copyright owner;

(2) Publish the work with the co-author without the permission Works jointly created by others are published as works created by oneself alone;

(3) Without participating in the creation, for the purpose of seeking personal fame and gain, signing someone else's work ;

(4) Distorting or tampering with other people's works;

(5) Plagiarizing others of works.

2. How to deal with online image infringement

1. Mediation. Both parties can ask the copyright administrative agency or copyright agent to Institutions or other third parties serve as mediators and, in accordance with the principle of voluntariness, reach an agreement and resolve disputes through negotiation.

2. Administrative complaints. Infringements also harm the public In addition to corresponding civil liability, the copyright administrative department may order the infringer to stop the infringement, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine. If the circumstances are serious, the main copyright may also be confiscated. Materials, tools, equipment, etc. used to make infringing copies.

3. Civil litigation. If the copyright of the author or right holder is infringed, he or she may file a lawsuit with the People's Court in accordance with the law File a lawsuit.

4. Arbitration. Apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

Article 49 of the Copyright Law of the People's Republic of China

Infringement of copyright or copyright-related rights , the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer.

The amount of compensation should also be Including reasonable expenses paid by the right holder to stop the infringement.

If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall decide according to the infringement act. According to the circumstances, the verdict is to award a compensation of less than 500,000 yuan.

3. What are the consequences of infringement of intellectual property rights

(1) Intellectual property infringement will be subject to civil sanctions. According to the provisions of the Patent Law, any person who, without the permission of the right holder, carries out for the purpose of production and business without authorization In the event of infringement of intellectual property rights, the right holder or interested party can request a cessation of the infringement and require the infringer to compensate. The amount of compensation for infringement of intellectual property rights shall be determined according to the amount of loss suffered by the right holder. In fact, the right holder can not only request economic Compensation for losses and measures to restore the business reputation of the right holder may also be required.

(2) Intellectual property infringement will be subject to administrative sanctions. According to the relevant provisions of the Intellectual Property Law, behaviors such as counterfeiting other people's patents, leaking state secrets, engaging in malpractice for personal gain, etc. are all infringements, and these behaviors will be subject to administrative sanctions. .

(3) Intellectual property infringement will be subject to criminal sanctions. According to the relevant provisions of the intellectual property law, intellectual property infringement will generally be subject to civil sanctions, but sometimes Criminal sanctions are required. According to the relevant provisions of the Intellectual Property Law: If the infringement has constituted a crime, the criminal liability will be investigated in accordance with the law.

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