How to check whether a picture is infringing?

Picture infringement generally involves the copyright of the picture, the graphic registration of the trademark, and the application for a design patent.

To check whether a picture is infringing, you need to check whether the copyright of the graphic has been registered. Copyright is automatically generated at the beginning of the design and is not announced to the public. It is difficult to check, even if the original author does not register the copyright. It is also difficult to prove the source when registering. From another perspective, you can imagine it yourself.

But trademarks are announced to the public, and this can be checked. As far as trademarks are concerned, it is easy to judge whether they infringe on the rights of others.

As for the search for appearance patents, only the patent number can be found.

Extended information:

Specific compensation standards for image infringement:

In the event of image infringement, the compensation standards should be determined in the order of the following factors.

1. The actual loss of the picture right holder or the actual amount of infringement by the picture infringer;

Picture infringement should first consider the actual loss, that is, the actual loss of the picture right holder or the picture infringer Actual losses caused to the right holder due to infringement.

2. Illegal profits of the infringer of the picture;

If the actual loss of the right holder cannot be estimated, the compensation standard can also be estimated based on the illegal profits of the infringer of the picture. .

3. When none of the above can be determined, the court will make a decision based on the specific details.

When neither the actual loss of the right holder nor the illegal profit of the infringer can be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and finally determine the amount of compensation based on the actual situation.

Reference materials:

-How to know whether a picture has copyright infringement

To check whether a picture has copyright, you can check it through the intellectual property website. Of course, In addition to this method, he can also make his own judgment. In our country, whether a picture enjoys copyright is mainly based on whether it is the original work of the person involved.

1. How to check whether a picture has copyright?

To check whether a picture has copyright, you can check it through the intellectual property website. The principles for identifying copyright infringement are as follows:

In judicial practice, the commonly used principles for identifying copyright infringement are:

1. Dichotomy between ideas and expressions

Exclude the idea of ??a work from the scope of protection of copyright law outside. This is a basic requirement of copyright law principles. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expressions, but not to ideas, processes, methods of operation or digital concepts themselves. Article 5 of the revised draft of the Copyright Law (hereinafter referred to as the draft) submitted by the my country Copyright Office on January 8, 1998 also added that copyright law protects expressions but does not protect ideas, concepts, discoveries, and principles. , method, embodiment and process terms.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it is an expression of thought, but the expression belongs to the public domain, for example, if it is a unique expression, the expression is also not within the scope of protection.

2. Principle of Contact and Similarity

After separating thought and expression, public domain and private domain, two works can be approved if they are the same or similar. Whether there is contact with the author or there are traces of contact in the work to determine whether it constitutes plagiarism.

If the rights holder’s work is identical or similar to that of the defendant, and the defendant is unable to provide its creative process to prove that it did not imitate but created independently, infringement will be established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work must prove that he has not had contact with the plaintiff's work, otherwise it can be presumed that there has been contact.

In determining whether two works are identical or similar, there is the so-called substantial part, that is, the accused work imitates the substantial part of the right holder's work.

However, what is the substantive part of a work and how to judge the substantive part is still a matter of opinion. This remains to be further explored in judicial practice.

2. What are the constituent elements of copyright infringement?

From the perspective of the constituent elements of copyright infringement, it should be analyzed from two aspects: "fault" and "no fault". When applicable, When the principle of fault induction is adopted, its composition must simultaneously meet the four elements of illegality of the act: (injury), fact of damage, causal relationship and fault. As for torts determined based on the principle of no-fault liability, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.

1. Illegality. The act that caused the actual damage must be illegal in nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.

2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if the infringer commits infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this an act of copyright infringement? And For example, a publisher publishes without the author's permission but pays the author a royalties. These are infringements because they are without the permission of the author and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the rights of the copyright owner.

Our country can only protect original works. The protection here is mainly the protection of copyright. If it is a picture that is simply constructed by oneself and has one's own original idea, in If so, you can apply for copyright protection and enjoy the corresponding copyright. How to check whether a picture is copyrighted

Search for the picture you want on the homepage of the Internet. After the search is completed, click to enter the main image page and pay attention to the copyright information column in the lower right corner. If there is any, it is generally copyright information.

In addition, generally high-definition pictures with high pixels are copyrighted. For specific ones, you can click on them to take a closer look, or indicate the source of the picture. Copyrighted images require authorization from the author before they can be used for commercial purposes. Do not steal.

Whether the image is infringing or not depends on whether the image user uses it for commercial purposes. If it falls into the following twelve fair use situations, it does not constitute infringement:

Article 22 of the "Copyright Law" stipulates that under the following circumstances, works can be used without the permission of the copyright owner, No remuneration is paid to them.

(1) For personal study, research or appreciation, use other people’s published works;

(2) To introduce, comment on a certain work or explain a certain issue, use the Appropriately cite the published works of others;

(3) In order to report current affairs news, unavoidably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;

(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, but the author declares that this is not allowed Except for publishing or broadcasting;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;

(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, but shall not publish and distribute them;

(7) For execution by state agencies Official use of published works within a reasonable scope;

(8) Libraries, archives, memorial halls, museums, art galleries, etc., copy works collected by the library for the purpose of display or preservation of versions;

(9) Free performances of published works, which do not charge fees to the public, nor pay remuneration to the performers;

(10) Set or display outdoor public * Copying, painting, photography, and videography of artistic works in ** places;

(11) Translating works created in Chinese language and writing that have been published by Chinese citizens, legal persons, or other organizations into ethnic minority languages The works are published and distributed domestically;

(12) Convert the published works into Braille for publication.