Legal subjectivity:
In case of picture infringement, the infringer shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses; Moreover, the copyright administrative department may take punishment measures against the infringer, such as ordering to stop the infringement and confiscating the illegal income; If the case constitutes a crime, the infringer may also be investigated for criminal responsibility.
Legal objectivity:
Article 48 of the Copyright Law of the People's Republic of China commits any of the following acts of infringement, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating the losses according to the circumstances; At the same time, if the interests of the public are harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copies, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; (1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination of his works to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law; (2) publishing books with exclusive publishing rights enjoyed by others; Wait. What should I do if I am sued for photo infringement?
First, the handling method of photo infringement is as follows:
(1) Mediation. Both parties may ask the copyright administrative authority or copyright agency or other third parties to act as mediators and reach an agreement through consultation on a voluntary basis to resolve disputes.
(2) Respond actively. Find out whether it really constitutes an infringement, such as whether the other party really owns the copyright of the picture, or whether it uses the picture for personal viewing or learning, which does not constitute an infringement, or whether it uses the picture itself, but has obtained the consent of the copyright owner and paid the remuneration, which is not an infringement, and it needs to provide sufficient proof. If it really constitutes infringement, then we must actively bear the responsibility. The consequences of picture infringement are nothing more than deleting pictures, issuing an apology statement, and compensating for losses.
II. Classification of Torts
(1) According to the constituent elements, general torts
refer to acts in which the perpetrator directly causes damage to others based on his fault, so the general liability clauses in the civil law apply.
special tort: the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of the civil law or the special civil law.
(2) Infringement of property rights is divided into
according to the object of infringement: including infringement of property rights in property rights and intellectual property rights.
Infringement of personal rights: including physical and psychological violations of others.
(3) According to the number of perpetrators
Individual torts: torts with only one perpetrator.
*** Tort: Tort caused by two or more persons, and the perpetrators shall be jointly and severally liable for damages.
(4) According to the nature of the behavior, it is divided into
positive tort: it refers to the behavior that causes harm to others in the form of positive actions.
Negative tort: refers to the act of causing harm to others in the form of negative inaction
Legal basis
Article 49 of the Copyright Law of the People's Republic of China
In order to protect copyright and copyright-related rights, the obligee may take technical measures. Without the permission of the obligee, no organization or individual may intentionally avoid or destroy technical measures, manufacture, import or provide relevant devices or components to the public for the purpose of avoiding or destroying technical measures, or intentionally provide technical services for others to avoid or destroy technical measures. However, the circumstances that can be avoided by laws and administrative regulations are excluded. The technical measures mentioned in this Law refer to effective technologies, devices or components used to prevent or restrict the browsing and appreciation of works, performances, audio-visual products or the provision of works, performances, audio-visual products to the public through information networks. How to protect the copyright of photos?
how to protect the copyright of photos? Photos are the most vulnerable to theft and fraudulent use by others. If this happens, how can we protect the copyright of photos? It is an act of infringing the copyright of the original photos of the author without my permission. Next, I will explain to you how to protect the copyright of photos. How to protect the copyright of photos? First of all, if you want to protect your own pictures, you can apply for an appearance patent to protect them or infringe others' rights. As long as you don't use others' copyrights and are not similar, you won't infringe. There is also no infringement if you don't use other people's pictures for commercial activities. First, the law on how to protect photo copyright stipulates that copyright is essentially an intangible property. As long as it is not one's own property or someone else's property, it is owned by the owner and cannot be used casually, and it does not necessarily need to be marked. Therefore, as long as you quote a work created by others instead of yourself, you should consider that the work is protected by copyright and should obtain authorization unless you can confirm that the work has passed the copyright protection period. Secondly, the copyright law also stipulates the issue of fair use: Article 22 of the Copyright Law stipulates: use published works of others for personal study, research or appreciation; In order to introduce and comment on a work or explain a problem, it is not necessary to quote others' published works in a work without permission and without paying remuneration to the copyright owner, but the name of the author and the name of the work should be specified, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed. How to prove that you enjoy the copyright of a work is the most direct way. In addition, if you obtain the Copyright Certificate of a Work through copyright registration, or submit the manuscript of the work claiming copyright, the certificate issued by a certification body, and the contract for obtaining rights, you will be presumed to be the copyright owner. Therefore, after taking photos, it is best to register the copyright of your photos in time, so that you can further protect your photos and protect your rights immediately when you find that you are infringed by others. How to protect the copyright of photos? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of intellectual property such as trademarks, patents, copyrights and domain names. The main business covers three sections: conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.