Will it infringe if famous pictures come from the Internet?
State the source of the picture Whether the Internet is considered infringement needs to be judged according to the specific circumstances. It is best for us to obtain the right to use it first to avoid Internet infringement.
How to determine whether it is infringement when using pictures from the Internet
1. Directly use pictures crawled by search engines without famous sources or authors
2. Forward pictures that the author has clearly stated that reprinting is prohibited
3. Secondary processing or use of pictures without the consent of the original author
4. Without the consent of the author Commercial use of images
5. When image sharing websites have clear sharing regulations, share them in violation of these regulations
Is it infringing to publish photos that others have posted online for the sole purpose of sharing on social platforms and mark "the pictures are from the Internet and delete them via private message if there is any infringement"?
1. You repost someone else's work without any purpose other than for personal enjoyment. There is no infringement because you are not the manufacturer or the provider of the platform. .
2. As long as the new social platform you publish is true and is not subjectively fabricated, it will not infringe.
For the above 1 and 2, if the publisher has infringement, the network platform provider should delete it promptly after discovering it. Otherwise, it will bear joint and several liability for the expanded losses.
Legal basis: Article 1197 of the Civil Code [Provision of Internet ServicesIf a network service provider knows or should know that a network user is using its network services to infringe the civil rights of others and fails to take necessary measures, it shall bear joint and several liability with the network user.
Infringement issues of materials found online
Intellectual property rights refer to "the exclusive rights enjoyed by rights holders over the results of their intellectual work" and are generally only valid for a limited period of time. Various intellectual creations such as inventions, literary and artistic works, as well as logos, names, images and designs used in commerce can be considered intellectual property rights owned by a person or organization.
But what needs to be mentioned here is that in order to enjoy intellectual property rights, it must be certified and registered by relevant departments. We now often look for some picture materials on the Internet. Most of them do not have relevant registration certification, and it can be assumed that the creator of these materials allows others to quote them.
Another point is that if you modify the downloaded pictures and deviate from the original author's theme, then you are the original author of the modified pictures. If the author only makes some small modifications to better integrate his own design, then it can only be regarded as application, and it is not enough to infringe.
What needs to be explained here is that some key patterns or names must not be used casually, such as registered trademarks of some companies, pictures and text that can represent the company, and official company logos. Name etc. The use of these things requires approval from the relevant units before they can be used.
According to the relevant answers above, it can be concluded that if the source of the picture is stated on the network, whether it is infringement needs to be determined based on the specific circumstances, and these pictures cannot be used Use it for commercial profit, and it is best to obtain the right to use it so that it does not involve infringement. If you have relevant legal advice, you can call the online lawyer on the Legal Savior Network for answers.
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