Definition of Picture Copyright —— How to Define Picture Infringement

Legal analysis on how to determine the copyright of pictures: pictures are created by citizens, and citizens who create pictures are authors, who enjoy the copyright of works. No one may use it without the permission of the obligee. Do not distort, tamper with or copy. You shouldn't sign pictures for personal fame and fortune.

Legal basis: Article 46 of the Copyright Law of People's Republic of China (PRC). No one may use it without the permission of the obligee. Do not distort, tamper with or copy. You shouldn't sign pictures for personal fame and fortune.

How to identify the copyright of a picture The copyright of a picture should be identified as follows: Generally speaking, whoever belongs to the copyright is the creator of the picture. Copyright belongs to the author, and the general copyright applicant is the copyright owner, but under special circumstances, the copyright belongs to the heir of the copyright owner.

legal ground

"Trial Measures for Voluntary Registration of Works" Article 8 When applying for registration of works, authors or other copyright owners shall show their identity certificates or provide certificates indicating the ownership of works (such as copies of cover and copyright pages, copies of some manuscripts, photos and samples, etc. ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right. Article 9 After a work is verified by the work registration authority, the work registration authority shall issue a work registration certificate. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.

How to define the following picture infringement acts as picture infringement:

1. Publish pictures without the permission of the copyright owner.

2. Without the permission of the co-author, publish a work created in cooperation with others as a work created by himself alone.

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

4. Distort and tamper with other people's works.

5. Copying pictures created by others.

6, the use of other people's works, should pay remuneration and did not pay.

legal ground

Article 47 of the Copyright Law stipulates that anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses:

(1) publishing his work 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 or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

(seven) the use of another person's work, which should be paid but not paid;

(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;

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

(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;

(eleven) other acts of infringement of copyright and copyright-related rights and interests.