Is painting photography an infringement?

If the actor draws photographic pictures for personal copying and appreciation, it is not infringement; If it is published, exhibited or sold in public without the consent of the copyright owner of the picture, it is an infringement and needs to bear corresponding responsibilities.

1. Is it an infringement to hand-draw a photo of a photographic work?

When using other people's photographic works for hand-painted "copying", we should distinguish between different situations. If the permission of the owner of the photographic work is obtained, it belongs to the "right to use"; If the permission of the owner of the photographic work is not obtained, but the "copied" photographic work is not published for personal study, research or appreciation, it should belong to "fair use"; However, if the act of publicly publishing "copied" photographic works belongs to plagiarism, it constitutes infringement of the copyright of photographic works.

Two, how many ways to deal with copyright infringement disputes?

When copyright owners and neighboring rights holders find that their rights have been illegally infringed, they can solve the infringement disputes through mediation, arbitration and litigation.

1, mediation

Mediation refers to the dispute settlement method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. Mediation organizations can be copyright administrative departments and other departments, as well as other social organizations and mass organizations. Both copyright infringement disputes and contract disputes can be settled through mediation. The mediation agreement has no legal force and cannot be enforced. After reaching an agreement, if one party goes back on his word and refuses to perform the mediation agreement, the mediation agreement will lose its validity, and the parties can resolve the dispute through litigation.

2. Arbitration

Arbitration refers to the dispute settlement method in which the arbitration institution decides the disputes of the parties according to certain arbitration procedures. Copyright arbitration is conducted by a copyright arbitration institution, which is mainly applicable to the settlement of copyright contract disputes. Moreover, there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, arbitration cannot be conducted. The arbitration made by the copyright arbitration organ is legally binding. If one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution.

3. Litigation

Copyright litigation refers to a way to solve copyright disputes by suing the people's court and using litigation procedures. Litigation is the main way to solve copyright disputes stipulated in China's copyright law. The parties may directly bring a suit in a people's court, or if mediation fails between the parties and one party reneges after reaching a mediation agreement, it may also bring a suit in a people's court. In addition, if the people's court that executes the arbitration application finds that the arbitration award is illegal, it has the right not to execute it, and the parties may also bring a lawsuit to the people's court on the contract dispute. The limitation period for a party to apply to a people's court for copyright protection is two years, counting from the time when the copyright owner knows or should know that his rights have been infringed. If a people's court infringes copyright or copyright-related rights in the course of hearing a case, it may confiscate the illegal income, infringing copies and property involved in illegal activities.

To sum up, as long as a photographic work is protected by law, it cannot be infringed by others, but whether it constitutes infringement if it is hand-painted by others depends on whether it is used for commercial purposes. If it is used reasonably, it does not constitute infringement, so different situations have different treatments.

Legal basis: Article 52 of the Copyright Law of People's Republic of China (PRC).

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 of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law;

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