Traditional Culture Encyclopedia - Photography major - Compensation standard of photo copyright infringement —— How to stipulate the compensation standard of photo infringement

Compensation standard of photo copyright infringement —— How to stipulate the compensation standard of photo infringement

How much is the general compensation for picture infringement?

How much is the general compensation for picture infringement? Law is our lowest moral bottom line. Once you touch the bottom line, you will be punished by the law, so as to better abide by the law and know how to arm yourself through the law. How much is the general compensation for picture infringement?

How much is the general compensation for picture infringement? 1

1. How much is the compensation for infringement of a photo?

First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement. There is no specific amount of compensation for infringement of portrait rights. The amount of compensation for mental damage should be determined comprehensively according to the degree of fault of the infringer, the consequences caused by the infringement and the profit of the infringer.

The following factors are considered in determining the amount of compensation for mental damage:

1, the degree of fault of the infringer, unless otherwise provided by law;

2, the means of infringement, occasions, behavior and other specific circumstances;

3. Consequences caused by infringement;

4. The profits of the infringer;

5. The economic ability of the infringer to take responsibility;

6. The average living standard in the seat of the Court of Appeal.

Second, what are the violations of portrait rights?

The act of infringing the right to portrait should have the following two elements: one is to use the portrait, and the other is to use the portrait without the consent of the portrait owner or without justifiable reasons. Specifically, there are the following kinds of violations of portrait rights:

1. Using the portrait of the obligee for profit without the consent of the obligee;

2. Displaying, making public, displaying, copying or distributing the portrait of the right holder without the consent of the right holder, although not for profit;

3. Beyond the permission of the obligee to use the portrait of the obligee;

4. Use the portrait of the obligee beyond the geographical scope permitted by the obligee;

5. Use the portrait of the obligee during the period beyond the permission of the obligee.

Third, what is not an infringement of the right to portrait?

Under certain circumstances, because of public interests, portraits can be used without the consent of the portrait owner:

1, using portraits of public figures;

2. Use the portraits of people who participated in the assembly and garden activities for publicity and reporting;

3. Use citizen portraits for proper supervision by public opinion;

4. Using criminal photos because of wanted criminal suspects or reporting sentenced cases;

5. Use photos for the benefit of portrait rights;

6, the implementation and application of laws by state organs and the use of citizen portraits;

To sum up, if the photos of the parties are used by others without authorization, which brings adverse consequences, it can be judged that the right to portrait has been violated, so that the parties have the right to demand compensation from the other party. This is an ordinary infringement, and the amount of compensation depends on the degree and consequences of the infringement and the economic level of the infringer. If the other party refuses to pay compensation, the parties may bring a lawsuit to the court during the limitation period.

How much is the general compensation for picture infringement 2

Compensation standard for infringement of network pictures

Article 48 Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

Ways to solve the infringement of network 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 provisions of the Civil Code, 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.

How much is the general compensation for picture infringement?

What are the legal provisions for picture infringement?

Article 22 of the Copyright Law:

Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(1) Using published works of others for personal study, research or appreciation.

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

Concept and characteristics of tort civil liability

(1) The concept of tort civil liability

Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability.

If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.

(2) the characteristics of tort civil liability

① Tort civil liability is legal liability, not moral liability;

(2) Tort liability is a civil legal liability, not a criminal or administrative liability;

③ The way to bear tort liability is mainly property liability;

④ Tort liability is mainly compensatory.

Specific compensation standards for picture infringement:

If the picture is infringed, the compensation standard shall be determined according to the following factors.

1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;

2. The illegal profit of the picture infringer;

If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.

3. When the above cannot be determined, the court will make a judgment according to the specific details.

When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.

Legal subjectivity of compensation standard for photo infringement;

First, the standard of compensation 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.

Second, 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.

Third, compensation for infringement of portrait rights.

The loss of infringement of portrait right is generally spiritual compensation. Article 10 of the Interpretation of the Supreme Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts "The amount of compensation for mental damage is determined according to the following factors:

(1) The degree of fault of the infringer, unless otherwise provided by law;

(2) The means, occasions and behaviors of infringement;

(3) Consequences caused by the infringement;

(4) profits of the infringer;

(5) The economic ability of the infringer to take responsibility;

(6) The average living standard of the court of appeal. At present, China has established a punitive compensation system in the field of intellectual property rights, and the infringement compensation in the field of intellectual property rights is mainly compensation relief, supplemented by punitive compensation, which increases the pressure of intellectual property infringement. Therefore, if the photos are commercialized without permission, according to the infringement, the obligee can get adequate relief from actual loss compensation, statutory compensation and punitive compensation.

Legal objectivity:

Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. Article 50 of the Copyright Law of People's Republic of China (PRC) * * * If the copyright owner or copyright-related obligee has evidence to prove that others are committing or will commit acts that infringe their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to order them to stop relevant acts and property preservation before bringing a lawsuit.

Legal analysis on how to stipulate the compensation standard of picture infringement;

If the picture is infringed, the compensation standard shall be determined according to the following factors. 1, the actual loss of the picture owner or the actual infringement times of the picture infringer should first consider the actual loss, that is, the actual loss of the picture owner or the actual loss brought to the right owner by the picture infringer due to infringement. 2. If the actual loss of the illegal profit of the picture infringer cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer. 3. When the above cannot be determined, the court will make a judgment according to the specific details.

legal ground

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Article 11 Copyright belongs to the author, except as otherwise provided by this Law. The citizen who creates a work is the author. A work presided over by a legal person or entity without legal personality, created on behalf of the will of the legal person or entity without legal personality and in the charge of the legal person or entity without legal personality is regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or unincorporated entity shall be the author.

Article 12 The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe the copyright of the original work.

Article 46 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, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:

(1) Plagiarism and plagiarism;

(2) reproducing and distributing his works for profit without the permission of the copyright owner;

(3) publishing books with exclusive publishing rights enjoyed by others;

(four) without the permission of the performer, recording and publishing his performance;

(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;

(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;

(seven) the production and sale of counterfeit works of art..