Is the use of online pictures in courseware infringing?

I. [endif] What should I do about the infringement of online pictures?

1, mediation. Both parties may request the copyright administrative department or copyright agency or other third parties to act as mediators and reach an agreement through consultation on a voluntary basis to resolve disputes.

2. Administrative complaints. If the infringement damages the public interests at the same time, the infringer shall not only bear the corresponding civil liability, but also be ordered by the copyright administrative department to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine. If the circumstances are serious, the materials, tools and equipment mainly used for making infringing copies may also be confiscated.

3. Civil litigation. If the copyright of the author or obligee is infringed, he may bring a lawsuit to the people's court according to law. According to the General Principles of the Civil Law, the obligee shall bring a lawsuit to the people's court within two years from the date when he knows or should know that his rights have been infringed.

4. arbitration. Apply to an arbitration institution for arbitration according to the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

Second, the compensation standard for commercial infringement of photos

According to Article 54 of the Copyright Law:

1. Compensation according to actual loss: compensation according to the actual loss suffered by the photo owner or the illegal income of the infringer.

2. Compensation according to the legal compensation standard: if the actual loss of the photo owner or the illegal income of the infringer is difficult to calculate, compensation can be made with reference to the photo use fee; If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the court will award compensation to 500 yuan ranging from 5 million yuan according to the circumstances of the infringement.

3. Compensation according to the standard of punitive damages: if the circumstances are serious, compensation of more than one time and less than five times the amount determined by the above method can be paid.

Third, the content of portrait right.

1, exclusive right of portrait production

As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.

Portrait production exclusive rights include:

(1) Portrait owners can decide to make their own portraits or let others make their own portraits according to their own needs or the needs of others and society, and no one else can interfere;

(2) Portrait owners have the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law. Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production. As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.

2. The exclusive right to use the portrait right

Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:

(1) Natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law, public order and good customs).

(2) A natural person has the right to allow others to use his portrait and decide to get paid for it (this requires equal consultation with the user and signing a portrait use contract).

(3) Natural persons have the right to prohibit others from illegally using their portraits.

3. The right to protect the interests of portraits

Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The content is:

(1) Citizens have the right to prohibit others from making their own portraits without their permission;

(2) Citizens have the right to prohibit others from using their portraits without permission;

(3) Citizens have the right to forbid others to damage, defile, vilify or distort their portraits.

The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits. Infringement of online photos can be solved through mediation, administrative complaints, litigation and arbitration.

Legal objectivity:

civil law

Article 166

If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

civil law

Article 167

If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.

civil law

Article 165

If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.