What kind of punishment will Chen Kun face if he is convicted of photo infringement?

Chen Kun was convicted of photo infringement, which belongs to civil infringement, and will be subject to civil penalties, such as apology and civil compensation. , will not be subject to administrative or criminal punishment. One picture, two lawsuits and 80 yuan's compensation have taught us a legal lesson in the Internet age, telling us that online pictures can't be abused.

? 1. There is a mystery in the infringement dispute: Chen Kun used this picture on the personal account of a social platform, and as a result, the photographer of this picture sued the Beijing Internet Court. After hearing the case, the court held that Chen Kun's use of copyrighted pictures by others without authorization constituted infringement, and sentenced Chen Kun to issue an apology statement on the personal account of social platform, and compensate 80 yuan for economic losses, legal fees and deposit fee of 25 10 yuan. When the case came out, it triggered a heated discussion among netizens. Some people think that photographers make a mountain out of a molehill, trying to rub the enthusiasm of stars and so on. In fact, everyone just saw the report of this lawsuit, and it was not clear that there was another lawsuit before.

This is called. The moon and the sea are like dreams? The picture was taken by Pakistan extreme scenery photographer Chu Weimin. Pass? China Law Judgment Network? You can find information about the first lawsuit. After discovering that Chen Kun used this picture, the photographer complained to the social platform through the platform contact, but the social platform ignored it and Chen Kun ignored it. Perhaps the photographer got angry and sued the operator of this social platform first, asking them to disclose Chen Kun's registration information on the social platform. At the time of the trial, the operator did not even attend the trial. Finally, the court ruled that the social platform should disclose Chen Kun's registration information to the photographer within a time limit, which led to the lawsuit. According to the provisions of China's Civil Procedure Law, a photographer can't sue if he knows Chen Kun's name and doesn't know his real name, ID number and service address.

Some people say that photographers use the celebrity's popularity to sue social platforms and Chen Kun for tens of dollars. Does the author feel like being together? Gas? Litigation. The photographer traveled abroad for this photo, and the price was unimaginable to ordinary people. Others can steal the fruits of others' labor with their fingers, without even naming names. Seeing this situation, who can not be angry? What makes the camera teachers and students angry may be the attitude of social platforms and Chen Kun, which ignores others! In any case, it is understandable for both parties to resolve disputes within the legal framework, and remind everyone that online pictures cannot be used at will.

Second, how to use online pictures does not constitute infringement? ? This problem is complicated in detail, so you just need to master the truth. According to the provisions of the Copyright Law, pictures commonly used in commercial activities must be approved by the copyright owner and paid. Pictures used for public welfare activities can be used without the consent of the moderator, but the author and source must be indicated. For us netizens, we should avoid those watermarked pictures when we use pictures every day, and we can go to some free websites to find them. Writing articles in Baidu, now? Free genuine gallery? Using their authorized pictures can avoid infringement disputes II. In particular, pictures with portraits of others should be used with caution and should not be used for negative online content.

Fair use and statutory license in copyright law Article 22 of the Copyright Law stipulates twelve situations? Reasonable use? In these cases, the copyright owner may use it without permission or remuneration, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner according to this law shall not be infringed. Like what? Cite others' published works appropriately in order to introduce and comment on a work or explain a problem? In order to introduce this infringement case, the author used the photographer's work, so he can't sue me for infringement. Copyright law? Legal permission? , refers to the public without the consent of the copyright owner, in the case of paying reasonable remuneration, directly obtain the license to use the work according to law. Such as the compilation of textbooks for nine-year compulsory education. Friends involved in such issues can refer to the relevant provisions of the Copyright Law and the Regulations on the Protection of Information Network Communication Rights, which are not listed here.

4. Jimmy Lin Film Industry? Back pot? Event! In order to celebrate that the number of fans exceeded 2 1 10,000, Jimmy Lin released such a message and used a picture, so trouble came. This picture was probably sent by netizen P. He thought it was funny, so he sent it in his own name and was sued by others four years later. ?

According to media reports, the original title of this picture, Men in China, won the gold medal in the 18th National Photography Art Exhibition. Zhu Qingfu, the author of the photo and a famous photographer, thinks that this picture in Jimmy Lin Weibo is suspected of infringement and sues Jimmy Lin for 165438+ 10,000 yuan. Jimmy Lin quickly responded with an apology. According to the verdict, Jimmy Lin * * * needs to pay 345,000 yuan and issue a 72-hour apology statement. ?

? Conclusion: As a popular star, Chen Kun should not only produce works that everyone likes, but also bear certain social responsibilities and take the lead in being a law-abiding citizen, right? Thank you Chen Kun for the law class. It's better to change the form in the future, and don't try the law again. It's not funny. ?