1. How to punish infringing online pictures
Infringing online pictures cause Losses to others , the infringer needs to compensate the infringer for the actual losses. If there is no way to determine the actual losses, the amount of illegal gains should be used as the amount of compensation. If the amount still cannot be determined, the court will make a ruling, but the amount of compensation should not be more than 500000.
Article 49 of the Copyright Law infringes upon copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; actual loss If it is difficult to calculate, compensation may be awarded based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner 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, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .
2. How to own the copyright of pictures
According to copyright law, the copyright of images generally belongs to the author.
Article 11 of the "Copyright Law" Copyright belongs to the author, unless otherwise provided in this law.
The citizen who creates the work is the author.
For works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author .
If there is no proof to the contrary, the citizen, legal person or other organization who signs the work is the author.
If an actor reprints online images at will for profit-making purposes, causing losses to the rights holder, he or she must compensate the victim to the extent of the actual loss. If the actual loss cannot be determined, compensation will be limited to the amount of illegal gains. If the compensation cannot be determined, you can only obtain compensation within 500,000, and the specific amount will be determined by the court. If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.
