It is illegal for online stores to use other people’s pictures.

Image infringement is essentially an intellectual property infringement, so its constituent elements are as follows:

1. Regarding the issue of illegality. At least in the field of intellectual property infringement, the element of illegality is indispensable.

2. Regarding the fact (result) of damage. In the constitution of intellectual property infringement, the fact of damage (result) is no longer a necessary component. This is also one of the differences between intellectual property infringement and general civil infringement.

3. Regarding causality. This is a necessary requirement for civil torts in general civil tort theory. However, since some intellectual property infringements do not require damaging consequences, only intellectual property infringements that cause damaging consequences need to determine the liability of the infringer. The determination of causality is meaningful only when the degree of responsibility is determined.

4. Regarding subjective requirements. The constitution of intellectual property infringement does not require subjective fault. Article 63, paragraph 2, of my country's Patent Law and Article 56, paragraph 3, of the Trademark Law both establish liability for infringement without fault. It can be seen from the above legislative examples that even if the actor is not at fault, he should bear the tort liability, but the tort liability he bears is lighter than that of the at-fault actor. The at-fault actor is not only responsible for stopping the infringement and destroying the infringement. In addition to tort liability for products, elimination of effects, etc., they often also bear liability for damages.

In summary, online stores that use other people’s pictures should obtain the consent of the owner of the picture or indicate the source.

Legal basis:

Article 217 of the Criminal Law of the People's Republic of China

The crime of copyright infringement is for the purpose of profit, and there are In one of the following cases of copyright infringement, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to three years in prison The above shall be sentenced to fixed-term imprisonment of not more than seven years and shall also be fined:

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;

(2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings produced by the audio and video producers without the permission of the producers of the audio and video recordings;

(4) Producing and selling works of art that counterfeit the signature of others.