What does it mean to have copyright? Do I need to apply for something? How can someone else's use of your image constitute copyright infringement?

To determine whether a work has copyright, you need to determine whether it is original, that is, it is created independently, originates from you, and reaches a certain level of intellectual creation. Not all works can be protected by copyright. For example, pictures taken casually with a camera or a pure video of a football match have no level of creativity at all and are not protected by copyright law.

The objects protected by the patent law are inventions, utility models, and designs. A simple picture does not qualify for a patent. If your picture reaches the scope of copyright protection, then, except for fair use by others, it will be infringement, regardless of whether it is for profit. Purpose of profit is only a constitutive element of criminal punishment.

Article 22 of the Copyright Law stipulates: “In the following circumstances, works may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the copyright shall not be infringed. Other rights enjoyed by persons in accordance with this law:

(1) To use others’ published works for personal study, research or appreciation;

(2) To introduce or comment on a certain Works or to explain a certain issue, appropriately cite other people's published works in the work;

(3) In order to report current affairs news, it is inevitably reproduced or reproduced in newspapers, periodicals, radio stations, television stations and other media, or Citing published works;

(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media Articles on current affairs, unless the author declares 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, but the author declares that they are not allowed to be published or broadcast; Except for publishing and broadcasting;

(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 be published or distributed;

(7) State agencies use published works within a reasonable scope to perform official duties;

(8) Libraries, archives, memorial halls, museums, art galleries, etc. need to display or preserve versions , copying the works collected by the museum;

(9) Free performance of published works, the performance does not charge fees to the public, nor pay remuneration to the performers;

(10) ) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places; The created works are translated into ethnic minority languages ??and are published domestically;

(12) Conversion of published works into Braille for publication. The provisions of the preceding paragraph apply to publishers, performers, and audio and video recordings. Restrictions on the rights of producers, radio stations, and television stations. ”

Extended information:

In copyright licensing contracts, there are three basic types: general license, exclusive license and exclusive license.

The so-called "general license" means that the licensor allows the licensee to use the work within the specified scope, while retaining the permission to use the work within the scope and to allow others to implement the work.

The so-called "exclusive license" means that the licensor allows the licensee to use the work within the specified scope, and at the same time retains its own right to use the work within the scope, but is not allowed to license others to implement the work. licensing method.

The so-called "exclusive license" means that the licensor allows the licensee to use the work within the specified scope. At the same time, it does not have the right to exercise relevant rights during the license period, let alone license other people to implement the work. licensing method.

Reference source:

-Copyright Law

Reference source:

People's Daily Online - How to determine "exclusiveness" in copyright cases How to know whether a picture has copyright or not?

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 from others. If the picture is created by the author and is original, it can be considered copyrighted.

1. How to determine whether the picture has copyright?

To determine whether the picture has copyright, you need to determine whether it is copyrighted. To be original, the work must be the intellectual achievement of the author, rather than plagiarism. Creation is a kind of mental work and intellectual activity that can directly produce literary, artistic and scientific works, and patents. The requirements for creativity in law are different. Creativity in patent law requires that it be novel and even original. In copyright law, as long as the work is created by oneself, it expresses one's own ideas and feelings. Even if the level of the work is lower than that of similar works that have already appeared, as long as it is created by yourself, it should be deemed to be original.

How to obtain copyright:

"Acquisition by inheritance" refers to the situation where the acquisition of rights is a derivative acquisition based on the existing rights of others. The copyright acquired through inheritance is a partial copyright, that is, it only involves the property rights in the copyright, unless otherwise specified by law. Regulations. The inheritance of copyright mainly includes the following specific circumstances:

(1) Acquisition by agreement

(2) Acquisition 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. , for the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including reasonable expenses paid by the infringed party to stop the infringement.

If it is difficult to determine 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, 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 infringement. If it is difficult to determine the amount of compensation using statutory calculation methods, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the initiative to calculate the amount of compensation for infringement. The victim. 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 People’s Court determines infringement in accordance with the provisions of Article 56, Paragraph 1, of the Trademark Law. When a person's liability for compensation is determined, the amount of compensation can be calculated according to the calculation method chosen by the obligee. ”

When calculating the amount of infringement compensation, the infringed party must not only calculate the losses caused by trademark infringement, but also calculate the investigation, evidence collection, negotiation, mediation, litigation, etc. expenses incurred by the infringed party to stop the infringement. Reasonable fees paid, as well as the fees paid for hiring a lawyer for the lawsuit.

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 specific infringement. The final judgment will be made after comprehensive factors such as the nature, duration, consequences of the behavior, the reputation of the trademark, and the license fee.

In real life, there may be some people who frequently surf the Internet and browse some pictures, but these The picture is very likely to be plagiarized and stolen from others. In this case, it is an infringement of the copyright owned by others, so this behavior must be cracked down on. How to judge whether you have copyright is mainly See if it meets the requirements for copyright protection. What do the portrait rights and copyrights of photographs mean? The portrait rights mean that citizens can agree or disagree with other people’s use of their likeness. Rights. The law stipulates that a citizen’s image may not be used for profit without the person’s consent.

Copyright is also called "authorship". Refers to the rights enjoyed by the author or other persons (including legal persons) to a certain work according to law.

For portrait photography that is “entrusted” by the portrait right holder, the copyright shall belong to the person being photographed, that is, the portrait right holder, and the portrait right may be used by himself, unless otherwise agreed in the contract. The photographer completes the commission contract by creating based on another person's portrait, and the copyright belongs to the portrait owner.

According to the provisions of the "Regulations on the Implementation of the Copyright Law of the People's Republic of China": The so-called "photographic works" refer to artistic works that record the image of objective objects on photosensitive materials with the help of equipment. "Portrait photography" is a kind of work that takes the portrait rights of a specific person as the object, conceives and creates by oneself, and uses photosensitive materials to record the image of the person.

According to Article 2 of the Copyright Law: "The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law." Therefore, portrait photography also enjoys copyright. According to Article 11 of the Copyright Law: "Copyright belongs to the author, except as otherwise provided in this law." It can be seen that under normal circumstances, the copyright of portrait photography belongs to the photographer.

Extended information:

Using a citizen’s portrait, even without the person’s consent, does not constitute an infringement of portrait rights. These situations include:

1. Using portraits of newsworthy figures, such as national leaders, famous scholars, athletes and other public figures, when appearing in public, using their portraits to report their activities and deeds. portrait. Photos of leaders at all levels conducting inspections and visits; speeches by famous scholars; and pictures of athletes competing all fall into this category.

2. Use the portraits of people who participate in gatherings and garden activities that are worth reporting. You can take photos of the participants for reporting activities. For example, for photos used by news media when reporting parades, military parades, celebrations or other public activities, participants in the activities cannot claim portrait rights.

3. For the purpose of reporting current affairs news, the use of the portrait without the consent of the portrait owner does not constitute infringement.

4. Photos created in scenic areas use people as embellishments, or photos are taken to include other people in the photo. If it does not focus on that character, it does not constitute an infringement of portrait rights.