How to Protect Copyright Pictures from Infringement —— How to Avoid Infringement of Pictures from Media?

How to use other people's pictures to avoid infringing on legal subjectivity: First, how to use pictures without infringing "authorize before using" is the basic principle. First of all, any picture, whether shot or created, is protected by copyright law as long as it constitutes a work. Including pictures and works on the Internet, shall not be used at will without the permission of the copyright owner. Copyright law protects "works", which refers to intellectual achievements that are original and can be reproduced in some tangible form in the fields of literature, art and science. Our country's laws also stipulate individual exceptions. This mainly includes two situations, namely, legal license and reasonable use. The provisions on "fair use" are mainly in Article 22 of the Copyright Law, which stipulates "fair use" in twelve cases. In these cases, the work may be used without permission and without 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 according to this law shall not be infringed. The "legal license" in the copyright law means that the public can directly obtain the license for the use of a work according to law without the consent of the copyright owner and with reasonable remuneration. The Copyright Law stipulates five cases of "legal permission", and the Regulations on the Protection of Information Network Communication Right adds two cases of "legal permission". "Even if it is a legal copyright license, the user still needs to pay the corresponding remuneration to the copyright owner, unless the work has passed the protection period, he no longer enjoys the copyright. This is the main difference between legal license of copyright and fair use of copyright. " Guo He told reporters. Second, how much is the compensation for infringing pictures? A picture infringement will cost hundreds, thousands or even tens of thousands of yuan. 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; 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. 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. Third, how to deal with the alleged infringement After receiving the notice from the court, don't panic. You need to be clear about the following points: First, be sure to find out whether it is a real infringement. This is the most important thing to answer the lawsuit. First, it is necessary to find out whether the other party really has exclusive rights. Sometimes, because the annual fee is not paid on time, or the other party's patent has some problems and does not meet the requirements of patent application, the exclusive right of the other party is not protected by law. These all need to be reviewed. Secondly, we should compare our products with patents and pay special attention to the technical characteristics in patents. If our products do not meet these characteristics, it can be used as a reason for non-infringement defense. Second, if there is real infringement, we should actively bear the tort liability. Generally speaking, it is necessary to stop the infringement, eliminate the influence and compensate for the losses. Third, it is suggested to entrust a professional lawyer to deal with the alleged infringement. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional ability can improve its chances of winning the case. To sum up, the way to use pictures without infringement is not to violate the law. You must obtain consent or have other legal reasons. Legal objectivity: Article 48 of the Copyright Law of People's Republic of China (PRC) has one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the situation; At the same time, if the public interest is harmed, the copyright administrative department may order it 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 copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; (1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law; Wait a minute.

How to avoid picture infringement from the media? Recently, many friends around me have received letters of tort liability or court summons from photo companies such as Panorama and Vision. A few hundred at least, only a few thousand. If there is more than one, it is not a small number. Of course, it is appropriate to abide by copyright. If we avoid the pit of infringement of these pictures, Yang Tao, the author of Sun Tzu's Art of War in Internet Marketing, will share some experiences with you.

First, use the cooperation gallery of the platform.

Major self-media platforms basically cooperate with photo companies, and genuine galleries can be used in the background. Today's headlines can use genuine galleries such as Oriental IC, Penguin, Baijia, etc. These galleries are provided by vision china in the background, but it must be remembered that they can only be used on their own platforms, and they are still infringing in other places.

Second, take photos and set up a gallery.

What are the most commonly used scenarios? You can take more photos yourself. If it is a company, you can ask your colleagues to take more photos and then form an internal gallery. It will be done sooner or later. We will create photo albums of different scenes and upload the materials in this category.

Third, the cover picture is designed by myself.

For the cover pictures in the WeChat list, the icon ratio is 1* 1, such as announcement, notice, life, utility, etc. Make a bunch of small icons in Photoshop, which can be used at any time, just change the color, and it can be more beautiful if there is a professional artist.

Fourth, choose a free and open source gallery.

Free copyright-free galleries around the world, such as Unsplash, Pixabay, Pexels, etc. All of them are foreign, and some of them are still limited. CC0 protocol must be selected, which can be used for commercial purposes without signature.

Fifth, you can use secondary processing pictures.

If you really can't avoid using it, you can use screenshots, such as webpage screenshots, video screenshots, remakes, or secondary processing of multiple pictures. Of course, these will also involve infringement. Try not to use them.

6. These pictures will involve infringement.

Pictures found through search will also involve infringement. This is how many people fall into the pit. It is not a big problem for individual authors to indicate the author and source below with other people's pictures. If it is a photo company, it will still infringe, as well as comics and design drawings.

In order to avoid picture infringement, it is best not to use pictures that are not taken or designed by yourself. I hope there are some copyright-free CC0 free galleries in China. If there is such a platform, everyone can share their own pictures and then use the pictures shared by others. I think this website will develop well in the future. If there is a genuine gallery in the background of WeChat official account, most of the picture infringement can be avoided.

Legal analysis on the non-infringing use of online pictures-how to avoid the infringement of online pictures;

1. If it is for profit, reprinting other people's works requires the copyright owner's consent or payment, otherwise it is illegal and infringing. If the other party holds you accountable, you will have to make financial compensation.

2. If it is only for personal use or study, it is generally legal to reprint it.

3. Intellectual property rights refer to "the exclusive right enjoyed by the obligee to the fruits of intellectual labor", which is generally valid only for a limited time.

Legal basis: Article 48 of the Copyright Law of People's Republic of China (PRC) shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the situation; At the same time, if the public interests are harmed, Pi Xu may be ordered by the copyright administrative department to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copies, and may also be fined; If the circumstances are serious, Hong Qing, the copyright administrative department, may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;

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

(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;

(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;

(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;

(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;

(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations; burn-up