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

1, about breaking the law. At least in the field of intellectual property infringement, illegality is essential.

2. About the damage facts (results). In the constitution of intellectual property infringement, the fact (result) of damage is no longer a necessary element, which is one of the differences between intellectual property infringement and general civil infringement.

3. About causality. This is an essential element of civil tort in general tort theory, but because some acts of infringing intellectual property rights do not need damage consequences, it is meaningful to identify causality only when it is necessary to determine the infringer's responsibility for the intellectual property rights infringement that causes damage consequences.

4. About subjective factors. In the constitution of intellectual property infringement, subjective fault is not a necessary element. Article 63, paragraph 2, of the Patent Law and Article 56, paragraph 3, of the Trademark Law both establish the liability for tort without fault. From the above legislative examples, we can see that even if the actor is innocent, he should bear tort liability, but his tort liability is lighter than that of the actor who is at fault. In addition to the tort liability of stopping the infringing act, destroying the infringing product and eliminating the influence, the actor who is at fault often has to bear the liability for damages.

To sum up, online stores use other people's pictures with the consent of the owner of the picture or indicate the source.

Legal basis:

Article 2 17 of the Criminal Code of People's Republic of China (PRC).

The crime of copyright infringement aims at making profits, and if there is any of the following cases of copyright infringement, and the amount of illegal income is relatively large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

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

(2) Publishing books with exclusive publishing rights enjoyed by others;

(3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer;

(4) producing or selling works of art with forged signatures of others.