Infringement of pictures without the authorization of the copyright owner or portrait owner. No organization or individual may use information technology to deface, deface or forge others' portrait rights. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting. One of the following acts can be defined as picture infringement: 1, publishing its pictures without the permission of the copyright owner; 2. Using a photographic work through exhibition, shooting or similar shooting, or using a photographic work through adaptation, translation and annotation without the permission of the copyright owner; 3, the use of other people's picture works, should be paid but not paid; 4, did not participate in the creation, in order to seek personal fame and fortune, sign others' works, etc.

legal ground

Article 52 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (1) publishing his works without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law.

How do I know if a picture is copyrighted? Check whether the picture is copyrighted. You can check it through the website of intellectual property. The principles for judging copyright infringement are as follows:

In judicial practice, the common principles for determining copyright infringement are:

1, dichotomy of thought and expression

Exclude the creativity of a work from the scope of protection of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but does not include ideas, processes, operating methods or digital concepts themselves. 1998 China copyright bureau 10/8, the draft amendment to the copyright law (hereinafter referred to as the draft) has also been added to article 5. The copyright law protects expression, but does not protect ideas, concepts, discoveries, principles, methods, forms and processes.

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 belongs to the expression of ideas, it belongs to the public domain, and if it is a unique expression, it is not protected.

2. The principle of connection and similarity

After the separation of thought and expression, public domain and private domain, if two works are the same or similar, we can judge whether it constitutes plagiarism by whether the authors of the two works are connected or whether the works are connected.

If the works of the obligee and the defendant are the same or similar, and the defendant cannot provide the creation process to prove that it was independently created without imitation, the infringement is established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work proves that he has not touched the plaintiff's work, otherwise he can be presumed to have contacted it.

When judging whether Chi Qing's two works are the same or similar, there is a so-called substantive part, that is, the accused works imitate the substantive part of the obligee's works. However, there are still different opinions on what is the essential part of a work and how to judge it. This needs to be further explored in judicial practice.

How to judge whether a picture is copyrighted To judge whether a picture is copyrighted, it is necessary to judge whether the creator is original in this work. The work must be the intellectual achievement created by the author, not copied and plagiarized by others. If the picture belongs to the author's own creation and is original, it can be regarded as copyright.

First, how to determine whether the picture is copyrighted?

To determine whether a picture has copyright needs to judge whether it is original or not. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty and even originality. The originality of works in copyright law, as long as they are created by themselves, is the intellectual achievement of expressing their thoughts and feelings. Even if the level of works is lower than that of similar works that have already appeared, as long as they are created by themselves, they should be considered original.

How to obtain copyright:

"Derivative acquisition" refers to the situation that the acquisition of rights is based on the derivative acquisition of others' existing rights. Copyright obtained through derivation is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. Derivative acquisition of copyright mainly includes the following specific situations:

(1), protocol acquisition.

(2) Obtained through inheritance.

(3) Obtained according to law.

Second, how much should be paid for trademark infringement?

According to the Trademark Law of People's Republic of China (PRC), the amount of compensation for trademark infringement refers to the interests gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.

If the interests of the infringer mentioned in the preceding paragraph are difficult to determine, or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to 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 by legal calculation method, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes makes up for this deficiency. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."

When calculating the amount of infringement compensation, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, consultation, mediation and litigation. Stop the infringement, and the fees paid for hiring a lawyer because of the lawsuit.

Of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to law, the people's court must comprehensively consider the nature, period, consequences, reputation of the trademark, licensing fees and other factors of the specific infringement before making a final judgment.

In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are probably copied by others. In this case, it is a problem of infringing the copyright owned by others, so this kind of behavior must be cracked down. How to judge whether we have copyright mainly depends on whether it meets the requirements of copyright protection.