Will using an online avatar for a public account cause infringement?
If it is a public account using an online avatar, it may involve infringement. However, if the photo owner explicitly prohibits it or the law has prohibitive provisions, it may constitute infringement.
Infringement of copyright must meet the following three conditions ：
1. The fact of infringement is that the perpetrator used the copyright without the permission of the copyright owner and did not comply with the conditions of use stipulated in the copyright law. Works of the copyright holder, as well as performances, audiovisual products and radio and television programs. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's Works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right. . Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.
3. The perpetrator is subjectively at fault, so-called fault.It refers to the infringer’s mental state regarding his infringement and its consequences, including intentional and negligent forms. The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
According to the relevant answers above, it can be concluded that if a public account uses Internet pictures as avatars, it will involve infringement. Because the public account involves commercial use, if it is used for personal use, it will not involve infringement. If you do not want to infringe, you must get the consent of the copyright owner. If you have relevant legal consultation, you can call the online lawyers of Legal Savior.com for answers.
