The factors for determining the infringement of commercial pictures are as follows:

1. Copyright ownership. First, it is necessary to determine whether the commercial picture is protected by copyright and determine the copyright owner. The copyright owner is the person or organization who created or purchased the image and obtained the related rights. Only the copyright owner or those with express authorization from the copyright owner may use this image.

2. Scope of use. The scope of use of commercial images is also an important factor in determining infringement. Commercial images usually require permission from the copyright holder or the purchase of appropriate authorizations for use in specific commercial purposes, such as advertising, promotional materials, etc. Unauthorized use or use beyond the authorized scope may constitute infringement.

3. Similarity. To determine the infringement of a commercial image, it is also necessary to compare the similarity between the alleged infringing image and the original image. If two pictures are significantly similar in overall composition, theme, color, elements, etc., they may constitute infringement.

4. Public domain or fair use. Some commercial pictures may have entered the public domain, that is, the copyright has expired or there is no effective copyright protection. In addition, fair use of commercial images may be considered legal under some laws, such as in reviews, news reports, academic research, etc.

In the business environment, the following are some common infringements:

1. Copyright infringement, using, copying, or using without authorization from the copyright owner. Display, distribute or modify the copyrighted works of others, such as pictures, music, movies, etc.

2. Trademark infringement, using a trademark that is similar or identical to another’s trademark without the authorization of the trademark registrant, may cause confusion among consumers or damage the commercial interests of the trademark owner.

3. Patent infringement, manufacturing, using, selling or importing other people’s patented technology or inventions without the authorization of the patentee.

4. Trade secret infringement, obtaining, using or disclosing other people’s trade secrets, such as confidential information, customer lists, unique production processes, etc., without the consent of the legal rights holder.

5. Reputation infringement, damaging the reputation and credibility of others through false statements, slander, slandering others' reputations or spreading false information.

6. Unfair competition, using unfair business methods, such as false advertising, misleading consumers, commercial defamation, etc., to interfere with the normal business operations of competitors.

In summary, determining the specific circumstances of commercial image infringement may require consideration of the above factors, combined with specific laws and judicial practices. If you believe that your commercial images have been infringed, it is recommended to consult a professional intellectual property lawyer to obtain accurate legal advice and help.

Legal basis:

Article 24 of the "Copyright Law of the People's Republic of China"

In the following circumstances, you may use works without prior permission. If the copyright owner gives permission, no remuneration shall be paid to him, but the name of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, nor shall the legitimate rights and interests of the copyright owner be reasonably damaged:

( 1) For personal study, research or appreciation, use the published works of others;

(2) To introduce, comment on a certain work or explain a certain issue, appropriately quote the published works of others in the work ;

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

(4) Newspapers, Periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, except where the copyright owner has stated that they are not allowed to be published or broadcast;

(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, translation, adaptation, compilation, broadcast or small copy of published works for use by teaching or scientific research personnel, but shall not be published or distributed;

(7) State agencies perform official duties in Use published works within a reasonable scope;

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

(9) Perform published works for free, the performance does not charge fees to the public, nor pay remuneration to the performers, and is not for profit;

(10) Right Copying, painting, photographing, and videotaping works of art installed or displayed in public places;

(11) Copying works in the common national language that have been published by Chinese citizens, legal persons, or unincorporated organizations Translate the works into minority languages ??and publish them domestically;

(12) Provide published works to people with dyslexia in an accessible way that they can perceive;

(13) Other situations stipulated in laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.