How to determine whether a picture has copyright?

To determine whether a picture has copyright, you need to determine whether the creator has originality for the work. The work must be the intellectual achievement created by the author, and It is not plagiarism or plagiarism from others. If the picture is created by the author and is original, then 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. How to define image infringement? Thank you

Some of the distinctive logos or patterns in the pattern are simply adjusted colors and tones, which constitute infringement.

According to the provisions of Article 46 of the Copyright Law of the People's Republic of China, no one may use it without the permission of the right holder. No distortion, tampering, or plagiarism is allowed. You are also not allowed to put your name on the picture for the purpose of seeking personal fame and fortune. Otherwise, they should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances.

Extended information:

The harm of infringement

In China’s copyright law, the laws related to image copyright are very sound, and it is very easy to obtain evidence of piracy. In the infringement lawsuits that have occurred in recent years, the owners of genuine pictures have almost all won the lawsuits. At present, some companies do not pay attention to the issue of image copyright and use pirated images in advertising and publicity. The consequences are:

1. Infringement compensation

Generally, 10% of the sales price More than times. Another compensation standard is to compensate based on the profits created by the pirated pictures. In this case, the amount of compensation may be as high as hundreds of thousands of yuan.

2. Loss of early publicity expenses

Companies often spend millions on advertising. If there is a lawsuit caused by pirated pictures, all advertising will have to be withdrawn. The impact is not just a matter of picture compensation.

3. Corporate reputation

Piracy lawsuits will have a significant impact on a company's integrity brand.

Reference materials:

-How to define copyright infringement and image infringement

The following behaviors constitute image infringement:

1. Publishing Images posted without permission of the copyright holder.

2. Without the permission of the co-author, publish the works created in collaboration with others as your own alone.

3. Did not participate in the creation, but signed other people’s works in order to seek personal fame and fortune.

4. Distort or tamper with other people’s works.

5. Plagiarize pictures created by others.

6. For using other people’s works, remuneration should be paid but has not been paid.

Legal Basis

Article 47 of the "Copyright Law" stipulates that those who commit the following infringements shall, according to the circumstances, bear civil obligations such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Responsibilities:

(1) Publish the work without the permission of the copyright owner;

(2) Treat the work created in collaboration with others as one's own without the permission of the co-author Publishing the created works;

(3) Not participating in the creation, but signing other people’s works in order to seek personal fame and fortune;

(4) Distorting or tampering with other people’s works;< /p>

(5) Plagiarizing other people’s works;

(6) Using the work in exhibitions, making movies, or using methods similar to making movies, or adapting or translating the works without the permission of the copyright owner Use of works in the form of comments, annotations, etc., except as otherwise provided for in this Law;

(7) For using other people’s works, remuneration should be paid but has not been paid;

(8) Without payment With the permission of the copyright holder of a film work, a work created by a method similar to filmmaking, computer software, and audio and video recordings, or the holder of copyright-related rights, the work or audio and video recordings may be rented out, except as otherwise provided for in this law;

(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;

(10) Live broadcasting or publicly transmitting the live broadcast or publicly transmitting the performance without the permission of the performer Performing, or recording performances;

(11) Other acts that infringe upon copyright and copyright-related rights and interests.