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 require authorization from the author before they can be used for commercial purposes. Do not steal.

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 remuneration 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 work in the work 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, 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, television 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 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 know whether a picture has copyright?

1. How to check whether a picture has copyright?

To check whether a picture has copyright, you can check it through the intellectual property website. The principles for identifying copyright infringement are as follows:

In judicial practice, the commonly used principles for identifying copyright infringement are:

1. Dichotomy between thought and expression

Exclude the idea of ??the work from the beyond the protection scope of copyright law. This is a basic requirement of copyright law principles. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expressions, but not to ideas, processes, methods of operation or digital concepts themselves. Article 5 of the draft amendment to the Copyright Law (hereinafter referred to as the draft) submitted by the my country Copyright Office on January 8, 1998 also added the copyright law to protect expressions, but not to protect ideas, concepts, discoveries, principles, methods, embodiments and processes. terms.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it is an expression of thought, but the expression belongs to the public domain, for example, if it is a unique expression, the expression is also not within the scope of protection.

2. Principle of Contact and Similarity

After separating thought and expression, public domain and private domain, two works can be approved if they are the same or similar. Whether there is contact with the author or there are traces of contact in the work to determine whether it constitutes plagiarism.

If the rights holder’s work is identical or similar to that of the defendant, and the defendant is unable to provide its creative process to prove that it did not imitate but created independently, infringement will be established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work must prove that he has not had contact with the plaintiff's work, otherwise it can be presumed that there has been contact.

In determining whether two works are identical or similar, there is the so-called substantial part, that is, the accused work imitates the substantial part of the right holder's work. However, what is the substantive part of a work and how to judge the substantive part is still a matter of opinion. This remains to be further explored in judicial practice.

2. What are the constituent elements of copyright infringement?

From the perspective of the constituent elements of copyright infringement, it should be analyzed from two aspects: "fault" and "no fault". When applicable, In the case of the principle of fault induction, its composition must simultaneously meet the four elements of illegality of the act: (injury), fact of damage, causation and fault. As for torts determined based on the principle of no-fault liability, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.

1. Illegality. The act that caused the actual damage must be illegal in nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.

2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if the infringer commits infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this a copyright infringement? And For example, a publisher publishes without the author's permission but pays the author a royalties. These are infringements because they are without the permission of the author and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the rights of the copyright owner.

Our country can only protect original works. The protection here is mainly the protection of copyright. If it is a picture that is simply constructed by oneself and has one's own original idea, in If so, you can apply for copyright protection and enjoy the corresponding copyright.