How to check whether a picture has copyright?

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 must be authorized by the author before they can be used for commercial purposes, please do not steal them.

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 compensation 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. 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, and not plagiarism or plagiarism of others. If it is If the picture is created by the author and is original, 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. Inventive step in the patent law requires that the invention must be novel, and even must be the first of its kind. The originality of a work in the copyright law, as long as it is created by oneself, 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 the 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. Copyrights acquired through inheritance are partial copyrights, that is, they only involve the property rights in the copyright, unless otherwise expressly provided by 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 that the infringer shall pay for 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 belong to Infringement of copyright owned by others is an issue, so this behavior must be cracked down on. How to judge whether you have copyright depends mainly on whether it meets the requirements for copyright protection. How to judge whether online pictures are infringing

1. Directly use pictures captured by search engines without famous sources or authors. 2. Repost images that the author clearly states prohibits reprinting. 3. Secondary processing or use of pictures without the consent of the original author. 4. Commercial use of images without the author’s consent. 5. When the picture sharing website has clear sharing regulations, share in violation of these regulations. If it is for profit-making purposes, then reprinting other people's works requires the consent of the copyright owner, otherwise it is an infringement. If the other party holds you responsible, you will have to make financial compensation.