First, how to determine whether the picture is copyrighted?
To determine whether a picture has copyright needs to judge whether it is original or not. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty and even originality. The originality of works in copyright law, as long as they are created by themselves, is the intellectual achievement of expressing their thoughts and feelings. Even if the level of works is lower than that of similar works that have already appeared, as long as they are created by themselves, they should be considered original.
How to obtain copyright:
"Derivative acquisition" refers to the situation that the acquisition of rights is based on the derivative acquisition of others' existing rights. Copyright obtained through derivation is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. Derivative acquisition of copyright mainly includes the following specific situations:
(1), protocol acquisition.
(2) Obtained through inheritance.
(3) Obtained according to law.
Second, how much should be paid for trademark infringement?
According to the Trademark Law of People's Republic of China (PRC), the amount of compensation for trademark infringement refers to the interests gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.
If the interests of the infringer mentioned in the preceding paragraph or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
The law stipulates the calculation method for determining the amount of compensation for trademark infringers. If it is difficult to determine the amount of compensation by legal calculation method, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes makes up for this deficiency. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."
When calculating the amount of infringement compensation, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, consultation, mediation and litigation. Stop the infringement, and the fees paid for hiring a lawyer because of the lawsuit.
Of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to law, the people's court must comprehensively consider the nature, period, consequences, reputation of the trademark, licensing fees and other factors of the specific infringement before making a final judgment.
In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are probably copied by others. In this case, it is a problem of infringing the copyright owned by others, so this kind of behavior must be cracked down. How to judge whether we have copyright mainly depends on whether it meets the requirements of copyright protection.
What kind of pictures are copyrighted pictures? Should I have a copyright logo when applying for a copyright protection logo? Otherwise, how do you know that the picture is copyrighted? The author owns the copyright of the work from the date of creation. It's just that it's not registered with the copyright bureau and there's no work registration certificate.
Copyright registration can find an agency or go to the provincial copyright bureau at the address on his ID card in person.
The required documents include:
Provide an application, a copy of identity certificate, and a certificate indicating the ownership of the right of the work (such as a copy of the cover and copyright page, a copy of the manuscript, photos, samples, certificates issued by the unit, etc.). );
In case of co-creation or commissioned creation, the power of attorney of the co-author or the entrustment contract of commissioned works shall also be provided. Where the agent handles the registration, the power of attorney of the agent shall be provided. If an exclusive license contract is signed, the contract should also be provided.
You should also fill in the registration form and the right guarantee and pay the corresponding registration fee.
The copyright protection sign is a (circle plus c) symbol. A work marked with copyright means that it is protected by copyright. However, works without copyright logo do not necessarily mean that they are not protected by copyright. The copyright of works in China adopts the principle of automatic acquisition, and works are produced voluntarily from the date of creation. Registration of works is not a necessary procedure for copyright acquisition. Works should be registered voluntarily. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law. Therefore, works without copyright marks are still protected by copyright.
Reference legal document: Copyright Law of People's Republic of China (PRC).
Copyright includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;
(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;
(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;
(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
Article 11 Copyright belongs to the author, except as otherwise provided by this Law.
The citizen who creates a work is the author.
A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
How can I determine whether the copyright of my picture is used? First of all, get the copyright of the picture. This process can pass the certification of relevant state departments and get our own copyright credentials. Then you can search through big data and artificial intelligence to see if your picture copyright is used. At present, there are many comparison softwares and websites on the market, which will help users to determine whether their picture copyright has been infringed. If you feel troublesome, you can also entrust Dalian Bernard Media Co., Ltd. as a picture copyright management platform to operate, which is more worry-free.