How to know whether a picture has copyright?

To determine whether a picture has copyright, you need to judge whether the creator has originality for the work. The work must be the intellectual achievement created by the author, not plagiarism. If the picture is plagiarized by others and is original and created by the author, it can be considered copyrighted.

1. How to determine whether a picture has copyright?

To determine whether a picture has copyright, you need to judge whether it is original. The work must be the intellectual achievement of the author, not plagiarism of others. . Creation is a kind of mental work and intellectual activity that can directly produce literary, artistic and scientific works. The requirements for the originality of a work under copyright law are different from those for creativity under patent law. Creativity in patent law requires that it be novel and even original. The originality of a work in the copyright law, as long as it is created by oneself and is an intellectual achievement that expresses one's own ideas and feelings, even if the level of the work is lower than the level of similar works that have already appeared, as long as it is created by oneself, it should be deemed to have originality. originality.

How to acquire copyright:

"Successive acquisition" refers to the situation where the acquisition of rights is a derivative acquisition of rights based on the existing rights of others. The copyright acquired through inheritance is a partial copyright, that is, it only involves the property rights in the copyright, unless there are clear provisions in the law. The inherited acquisition of copyright mainly includes the following specific circumstances:

(1) Acquisition due to agreement.

(2) Obtained by inheritance.

(3) Obtained due to legal provisions.

2. How much compensation should be paid for trademark infringement?

The "Trademark Law of the People's Republic of China" stipulates: The amount of compensation for trademark infringement shall be the amount of compensation due to the infringement during the infringement period. The benefits obtained, or the losses suffered by the infringed party due to the infringement during the period of infringement, include reasonable expenses paid by the infringed party to stop the infringement.

If the benefits gained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on 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 using statutory calculation methods, the people's court will award a compensation of less than 500,000 yuan. However, the law does not give the victim the initiative in calculating the amount of compensation for infringement. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademark Infringement makes up for this shortcoming. The "Interpretation" stipulates: "When the people's court determines the infringer's liability for compensation in accordance with the provisions of Article 56, Paragraph 1, of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the right holder."

Being When calculating the amount of infringement compensation, the infringer must not only calculate the losses caused by trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, negotiation, mediation, litigation, etc. to stop the infringement, as well as the costs incurred due to litigation. Fees paid to hire an attorney.

Of course, after the infringed party has calculated the compensation method and calculated the amount of compensation in accordance with the law, the people's court should also consider the nature, duration, consequences of the specific infringement, the reputation of the trademark, the license fee, etc. The final decision was made after considering the factors.

In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are very likely to be plagiarized and stolen from others. In this case, they are The problem of infringing on the copyright owned by others, so this behavior must be cracked down on. How to judge whether you have copyright, mainly depends on whether it meets the requirements for copyright protection. What kind of pictures are copyrighted? If a picture applies for a copyright protection mark, should it have a copyright mark? Otherwise, how do you know that the picture is copyrighted?

The author of the picture owns the copyright of the work from the moment the picture is created. .

It’s just that it has not been registered with the Copyright Bureau and there is no work registration certificate

You can go to an agency to apply for copyright registration or go to the provincial Copyright Bureau at the address on your ID card to apply for it

The required documents are :

Provide an application form, a copy of your identity certificate, and a certificate showing the ownership of the rights to the work (such as a copy of the cover and copyright page, a copy and photo of the manuscript, a sample, a certificate issued by the unit, etc.);

If it is a collaborative creation or commissioned creation, you should also provide a power of attorney from the co-author or a commission contract for the commissioned work. If an agent handles the registration on your behalf, a power of attorney should be provided. If a proprietary rights agreement has been signed, If there is a license agreement, the contract should also be provided.

You should also fill in the registration form, rights guarantee letter, and pay the corresponding registration fee

The copyright protection mark is the (circle plus C) symbol. Works with a copyright mark indicate that they are protected by copyright. But a work without a copyright marking does not necessarily mean that it is not protected by copyright. The copyright of works in our country adopts the principle of automatic acquisition. Works are created voluntarily from the date of completion of creation. Registration of works is not a necessary procedure for obtaining copyright. Registration of works is voluntary. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Therefore, works without copyright markings are still protected by copyright.

Reference legal documents: "Copyright Law of the People's Republic of China"

Copyright includes the following personal rights and property rights:

(1) Right of publication, that is The right to decide whether the work will be made public;

(2) The right of signature, that is, the right to indicate the identity of the author and sign the work;

(3) The right of modification, that is, to modify or authorize others to do so The right to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) The right to reproduce, that is, the right to print, copy, The right to make one or more copies of the work by rubbing, recording, videotaping, dubbing, or photocopying;

(6) Distribution right, that is, providing the original or copy of the work to the public by selling or donating it

(7) The right to rent, that is, the right to permit others to temporarily use film works and works created with methods similar to filmmaking, and computer software for a fee, except for computer software that is not the main subject of the lease. ;

(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;

(9) Performance rights, that is, the right to publicly perform works, and use The right to publicly broadcast the performance of works by various means;

(10) Screening rights, that is, the public reproduction of works of art, photography, movies and works created by methods similar to filmmaking through projectors, slide projectors and other technical equipment rights;

(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other transmission symbols The right to disseminate broadcast works to the public through similar tools such as sound, image, etc; The right to obtain the work at a specified time and place;

(13) Filming right, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie;

(14) The right of adaptation, that is, the right to change the work and create a new original work;

(15) The right of translation, that is, the right to convert the work from one language to another language The right to text;

(16) The right of compilation, that is, the right to assemble a work or fragments of a work into a new work by selecting or arranging it;

(17) The copyright shall be other rights enjoyed by persons.

Article 11 Copyright belongs to the author, unless otherwise provided in this law.

The citizen who creates the work is the author.

For works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author.

If there is no proof to the contrary, the citizen, legal person or other organization who signs the work is the author. How to determine whether the copyright of your image is being used?

First of all, you need to obtain the copyright of the picture. This process can be certified by the relevant national departments and get the certificate that you own the copyright.

Then you can search through big data and artificial intelligence to see if your picture copyright is being used. Currently, there are many comparison software and websites on the market that will help users determine whether their image copyright has been infringed. If you find it troublesome, you can also entrust an image copyright management platform like Dalian Bernard Media Co., Ltd. to handle the operation, which is more worry-free.