How to Determine the Copyright Ownership of Pictures —— The Copyright Ownership of Pictures

How to judge whether a picture is copyrighted To judge whether a picture is copyrighted, it is necessary to judge whether the creator is original in this work. The work must be the intellectual achievement created by the author, not copied and plagiarized by others. If the picture belongs to the author's own creation and is original, it can be regarded as copyright.

First, how to determine whether the picture is copyrighted?

To determine whether a picture has copyright needs to judge whether it is original or not. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty and even originality. The originality of works in copyright law, as long as they are created by themselves, is the intellectual achievement of expressing their thoughts and feelings. Even if the level of works is lower than that of similar works that have already appeared, as long as they are created by themselves, they should be considered original.

How to obtain copyright:

"Derivative acquisition" refers to the situation that the acquisition of rights is based on the derivative acquisition of others' existing rights. Copyright obtained through derivation is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. Derivative acquisition of copyright mainly includes the following specific situations:

(1), protocol acquisition.

(2) Obtained through inheritance.

(3) Obtained according to law.

Second, how much should be paid for trademark infringement?

According to the Trademark Law of People's Republic of China (PRC), the amount of compensation for trademark infringement refers to the interests gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.

If the interests of the infringer mentioned in the preceding paragraph are difficult to determine, or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The law stipulates the calculation method for determining the amount of compensation for trademark infringers. If it is difficult to determine the amount of compensation by legal calculation method, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes makes up for this deficiency. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."

When calculating the amount of infringement compensation, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, consultation, mediation and litigation. Stop the infringement, and the fees paid for hiring a lawyer because of the lawsuit.

Of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to law, the people's court must comprehensively consider the nature, period, consequences, reputation of the trademark, licensing fees and other factors of the specific infringement before making a final judgment.

In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are probably copied by others. In this case, it is a problem of infringing the copyright owned by others, so this kind of behavior must be cracked down. How to judge whether we have copyright mainly depends on whether it meets the requirements of copyright protection.

What is the copyright of the photo? What are the rights of personal rights in the copyright of photo works? What are the rights of publication? What is the meaning of signature right? What is the meaning of the right to modify? What is the significance of protecting the integrity of works? I sorted out the content of "copyright ownership of photos" to answer your questions.

Copyright ownership of photos

Generally belongs to the copyright owner. If it belongs to commissioned works, it shall be in accordance with the entrustment contract.

Personal rights in the copyright of picture works, also known as spiritual rights, refer to the rights that the author enjoys to his works without direct property content through personal contact. Personal rights in copyright include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works.

(1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine.

(2) The right of authorship refers to the right of the author to sign his name on the work, and to show his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or voluntarily choose not to sign his name under certain conditions.

(3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. Generally speaking, photo editors repair the scratches of the pictures submitted for review, fine-tune the color and brightness, and moderately cut the pictures for typesetting, which does not constitute an infringement of the right to modify works.

(4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc.

The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the rights mentioned above are recognized in China, but the copyright law does not stipulate another right in property rights-the right of renewal. In fact, the right of renewal is of great significance to the copyright owner of the picture.

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.