How to check whether a picture is infringing

Brand model: Xiaomi12SPro

System version: MIUI13.0.13

Software version: Copyright Home 5.1. 8

To check whether a picture is infringing or not, you can check whether the picture is infringing by clicking on the image detection function of the copyright owner app. The specific operation is as follows:

Click on the copyright owner app to check

1. Click Detection

Click Monitor on the home page of the Copyright App.

2. Click to monitor

Click to monitor on the monitoring interface.

3. Click on the image to monitor

Click on the image to detect on the monitoring interface, and click to monitor to check whether there is infringement.

Legal basis

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

Article 48 Infringement of copyright or copyright-related rights shall constitute infringement The person shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.

"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes"

Article 10 If the amount of losses suffered by the infringed party cannot be determined, the court shall determine the amount of the infringed party's losses. According to the request, the amount of compensation can be determined between RMB 500 and RMB 300,000 according to the circumstances of the infringement, and the maximum amount shall not exceed RMB 500,000. 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 so, 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, rather than plagiarism from 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. Creativity in patent law requires that it be novel and even original. The originality of a work in the copyright law, as long as it is created by oneself and 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. The copyright acquired through inheritance is a partial copyright, that is, it only involves the property rights in the copyright, unless there are clear provisions in the 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 due to the infringer 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 are The problem of infringing on the copyright owned by others, so this behavior must be cracked down on. How to judge whether you have copyright, mainly depends on whether it meets the requirements for copyright protection. I purchased the copyright of an image, but how do I check my copyright status?

Picture copyright is now valued by people. After purchasing the picture copyright, you can check it through relevant websites or apps. For example, Dalian Bernard Media, the top domestic image copyright management platform, has built its own professional query and publicity platform to provide services to creators and copyright operators.