1. In infringement cases, for fear of infringement, we dare not use pictures or text instead (for text, we can only use the free commercial Founder-Fake Song font). The most famous case was Ge You's lawsuit against Yilong.com for infringement of portrait rights with emoticons. It was ruled that Yilong.com should publicly publish an apology statement on its Weibo account, keep it pinned to the top of its Weibo account for 72 hours, and not delete it within 30 days, and compensate Ge You for economic losses of 70,000 yuan. Pay him 5,000 yuan for reasonable expenses for safeguarding his rights. (1) Copyright infringement and image infringement dispute cases currently involve higher compensation amounts and a larger number of cases among new media infringements. Taking the 50 judgments published by the courts so far found as an example, most of the cases are in the process of litigation. The two parties negotiated a settlement and the plaintiff withdrew the lawsuit. (1) Portrait right infringement Judging from the cases retrieved from the China Judgment Documents Network, celebrities often sue plastic surgery medical institutions for portrait right infringement. Take the following cases as examples: (1) Font infringement 2. Several new forms of infringement Media infringement has the following common forms: First, failure to indicate the author or the source media, and reprinting other people's works without authorization. Such behavior infringes upon the author's right of signature and information network dissemination, and is also the most serious form of copyright infringement. Legal provisions: Paragraph 2 of Article 10 of my country's Copyright Law stipulates: "The right of signature is the right to indicate the identity of the author and to sign the work." If the original work is tampered with during the reprinting process, it will infringe the modification. rights and the right to protect the integrity of the work. Paragraph 3 of Article 10 of my country’s Copyright Law stipulates: “The right to modify refers to the right to modify or authorize others to modify the work; the right to protect the integrity of the work refers to the right to protect the work from distortion or tampering.” Second, indicate. Author and source, but not authorized by the author or media. This type of infringement is relatively common. Some new media editors mistakenly believe that as long as the author and source are marked, it is equivalent to obtaining authorization from the original author. However, the law stipulates that reprinting other people's written works, picture works, audio and video recordings and other works must obtain the consent of the rights holder who has given express permission. Therefore, indicating the author and source cannot be used as a reason for exemption. Legal provisions: Article 2 of the "Regulations on the Protection of Information Network Communication Rights" stipulates: "The information network communication rights enjoyed by right holders shall be protected by the Copyright Law and these Regulations. Unless otherwise provided by laws and administrative regulations, any organization or individual shall not If the works, performances, audio and video recordings are provided to the public through information networks, permission from the rights holder must be obtained and remuneration paid. "Third, infringement of portrait rights. We-media publishes pictures and articles without permission, and uses pictures containing portraits of natural persons in articles, infringing the portrait rights of natural persons. The court held that: at the end of the article on the same page, the promotional activities are introduced and promoted through text and pictures, and commercial links are set up. It is easy for readers to continue reading the promotional content and click on commercial links after reading the article. Therefore, it subjectively has the purpose of promoting and selling its goods or services, and has obvious business orientation and profit-making attributes. Legal provisions: Article 100 of the General Principles of the People's Republic of China and Civil Law stipulates: Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without their consent. Article 139 of the Opinions of the Supreme People's Court on Several Issues Regarding the Implementation of the General Principles of the Civil Law stipulates: For the purpose of profit, the use of a citizen's portrait for advertising, trademarks, window decoration, etc. without the consent of the citizen shall be deemed as an infringement of the citizen's portrait rights. Fourth, excerpting and integration without permission (called manuscript cleaning in self-media jargon). To excerpt several articles and combine them into one article, you must obtain the consent of the original copyright holder, obtain authorization, and indicate the title and source of the cited work. Otherwise it constitutes infringement. If, with the consent of the original copyright owner, authorization is obtained, the compilation will form a new work, and the compiler will own the copyright of the new work. Therefore, if a WeChat public account excerpts and integrates the contents of other copyright holders’ works without the permission of the copyright owner, and does not constitute a new compilation work, it will infringe the copyright owner’s information network dissemination rights (emphasis said three times: obtain authorization). The law stipulates: Article 10, Paragraph 16 of my country’s Copyright Law stipulates: “The right of compilation is the right to assemble works or fragments of works into new works by selecting or arranging them.” Article 14 of my country’s Copyright Law stipulates: “ A work that compiles several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of its contents reflects originality, is a compilation work, and its copyright is enjoyed by the compiler. However, when exercising the copyright, the original work must not be infringed. of copyright.

"Tips: Standard compensation for copyright infringement Article plagiarism: The published price of paper media is 100-300/thousand words Picture infringement: The average compensation currently awarded is 3500-5000 per piece 3. Interpretation of several common misunderstandings 1. There is no watermark on the picture. If you do not intentionally use images, but you delete the infringing content after receiving a complaint, do you still need to compensate? As long as you copy or disseminate works protected by copyright law without permission, you will be liable? Constituting infringement. Copyright infringement does not require subjective intentionality, which is different from the infringement of civil rights. Therefore, regardless of whether it is intentional or not, it is an infringement. Example: Some pictures on Baidu Pictures are not marked with copyright, but there is still infringement. Risk 2. Is such a disclaimer valid? Many public account articles have disclaimers at the end, such as: Disclaimer: Thanks to the author for his hard work and creation, the copyright belongs to the original author. If you have any copyright issues, please leave a message to delete this kind of disclaimer. It’s useless. The Copyright Law of the People’s Republic of China and the Implementation Regulations of the Copyright Law of the People’s Republic of China do not have such exemption provisions. Example: Screenshot at the end of a certain public account: 3. I contacted. If you authorize reprinting of an article, does it mean that you obtain the copyright of all the content in the article, and does it not constitute infringement? Not necessarily. Some pictures of large articles are cooperated with copyright companies. The owner of the large article only has the right to use the pictures, and does not have the right to use them. Copyright. After contacting the article for permission to reprint, only the text work is authorized, but the picture work is not authorized. For example: the picture accompanying the large text is a well-known copyright company. Tips: Contact the article with the above picture to indicate the source of the picture. , please remember to replace the accompanying pictures with non-copyrighted images. See the sharing of non-copyrighted pictures later. 4. If the official account article does not indicate the original logo, does direct reprinting constitute copyright infringement? The original protection logo of the WeChat official account is for. Authors are encouraged to create original works, but this does not mean that only works marked with original logos have copyright. Works that are not marked with copyright are also protected by copyright. The law stipulates: "Regulations on the Implementation of the Copyright Law of the People's Republic of China" No. 6. Article 1 states: “Copyright arises from the date of completion of the creation of the work. "5. What content is not protected by copyright and can be quoted directly? Article 5 of the Copyright Law of the People's Republic of China stipulates that this law does not apply to: (1) laws, regulations, resolutions, decisions, and orders of state agencies and other documents of a legislative, administrative, or judicial nature, and their official official translations; (2) Current affairs news; (3) Calendars, general numerical tables, general tables, and formulas. Tips: Distinguish between current affairs news and current affairs news works. As a fact, current affairs news is not within the scope of copyright law. However, current affairs news works created by copyright owners based on current affairs news are protected by copyright law. Some time ago, a friend of mine asked me about posting a piece of news. , for matters that have been deleted in violation of regulations, it should be noted that "to publish and provide Internet news information services through websites, applications and content platforms, an Internet news information service license should be obtained." "News and information articles can only be published by accounts that have obtained legal licenses or licenses. If you post them in bulk without a license, you will violate the law. 4. The best way to prevent infringement is to buy genuine copies. , but for us new media editors, it is not generally expensive. Taking pictures as an example, the average price of an Internet package from a domestic copyright company is 30 yuan/picture. Benefits: Provide a batch of copyright-free pictures and usage instructions for free. Description of commercial fonts: Knock on the blackboard: Microsoft Yahei are not free commercial fonts! Free commercial fonts include: Founder series - Founder Hei, Founder imitating Song, Founder Kai and other free commercial fonts: Check Wikipedia ListofCJKfonts list: List Fonts marked with [F] are free for commercial use. Highlights: Be original, obtain authorization, and prevent infringement! Be original, obtain authorization, and prevent infringement! Attachment: Official account link! Risk responses to advertising review 1. Review subject: The identity of the advertising sponsor must be appropriate. The company should provide a business license and power of attorney to avoid becoming the first responsible person when there are problems with advertising.

Example: When reviewing advertisements before, it was discovered that the famous honey scam company had stolen the business licenses of other companies, and there was a watermark on the business license: This attachment is for house rental only. Legal provisions: Article 56 of the Advertising Law violates this The law stipulates that if false advertisements are published to deceive or mislead consumers, causing harm to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law. If the advertising operator or advertising publisher cannot provide the advertiser's real name, address and valid contact information, consumers may require the advertising operator or advertising publisher to compensate in advance. 2. Review qualifications: Advertisements in special industries must carefully review qualifications. For example, investment advertisements require a financial industry license, and novels require an Internet culture business license. See the picture below for what it looks like. Pay attention to stamping and avoid Photoshopping. The material of this article comes from the live broadcast sharing of the black hole operation circle. Guest: Xiao Sa