How to explain the copyright of pictures-how to prove the copyright of articles or pictures in web pages?

How to prove that the copyright of the picture belongs to you!

According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. provided by the parties can be used as evidence. A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.

In addition, China's "Regulations on the Implementation of Copyright Law" stipulates that for works with unknown authors, the copyright owner shall exercise the copyright except the right of signature. After the identity of the author is determined, the author or his successor shall exercise the copyright.

More detailed information can provide more accurate legal advice.

How to prove the copyright of an article or picture in a web page? First of all, it should be clear that your own works are protected by copyright law.

Secondly, it is necessary to find out whether the use of others is legal (that is, whether it is a restriction on your rights stipulated by law).

After understanding these two points, as far as copyright is concerned, works are automatically generated as soon as they are produced. As long as you can prove that your articles or pictures are earlier than others, other people's works are similar or similar to you in content and form.

Relevant provisions of copyright law:

Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The term "works" as mentioned in this Law includes works of literature, art and natural science, social science and engineering technology. Created in the following form:

"(a) Written works;

"(2) Oral works;

"(3) works of music, drama, folk art, dance and acrobatics;

"(4) artistic and architectural works;

"(5) Photographic works;

"(6) cinematographic works and works created by similar cinematographic methods;

"(seven) graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;

"(8) Computer software;

"(9) Other works as prescribed by laws and administrative regulations."

: "Copyright includes the following personal rights and property rights:

"(a) the right to publish, that is, the right to decide whether the work is open;

"(2) the right of signature, that is, the right to show the identity of the author and sign his name on the work;

"(3) the right to modify, that is, the right to modify or authorize others to modify a work;

"(4) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

"(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, recording, video recording, copying or remaking;

"(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

"(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;

"(8) the right to exhibition, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

"(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

"(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

"(11) the right to broadcast, that is, the right to broadcast or disseminate works in public by wireless means, to broadcast works to the public by wired transmission or rebroadcasting, and to broadcast works to the public by megaphones or other similar means of transmitting symbols, sounds and images;

"(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place of their choice;

"(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar means;

"(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

"(15) the right to translation, that is, the right to convert a work from one language to another;

"(16) the right to assemble, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement;

"(seventeen) other rights that should be enjoyed by the copyright owner.

"The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph, and get remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may, in accordance with the agreement or the relevant provisions of this law, transfer all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration.

Limitation of rights

Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(two) in order to introduce and comment on a work or explain a problem, in the work

Cite other people's published works appropriately;

(3) To quote published works in newspapers, periodicals, radio, television programs or news documentaries for reporting current news;

(4) Newspapers, periodicals, radio stations and television stations publish or broadcast editorials and commentator's articles published by other newspapers, periodicals, radio stations and television stations;

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

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs for the execution of official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) to translate the published Chinese works into minority languages and publish them in China;

(12) Published works are published in Braille.

The above provisions apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

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, in other people's works signed;

"(4) distorting or tampering with other people's works;

"(5) plagiarizing other people's works;

"(6) Using a work by exhibition, making a film or in a way similar to making a film, or using a work by adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

"(seven) the use of other people's works, the remuneration should be paid but not paid;

"(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by methods similar to filming, computer software and audio-visual products, except as otherwise provided by this Law;

"(nine) without the permission of the publisher, using the layout design of books and periodicals published by the publisher;

"(10) Live broadcast or public dissemination of a performer's live performance or recording of his performance without the permission of the performer;

"(11) Other acts that infringe copyright and rights and interests related to copyright."

Whether online pictures infringe copyright depends on whether the users of the pictures use them for commercial purposes. It does not belong to infringement if it belongs to the following twelve situations of fair use:

Article 22 of the Copyright Law stipulates that under the following circumstances, a work may be used without permission and without payment to the copyright owner.

(a) for personal study, research or appreciation of the use of other people's published works;

(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;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

Generally, you need to view the license agreement of the picture. If it is a first-hand photo with watermark, or it is declared that copyright is needed, it cannot be used without authorization.

Can your father read?

Extended data

How to see if the picture is copyrighted?

Search for the picture you want on the home page of the network.

After the search is completed, click on the main page of the picture and pay attention to the copyright information column in the lower right corner. If there is, it is generally copyright information. In addition, high-definition pictures with high pixels are also copyrighted. You can click to watch them carefully or indicate the source of the pictures.

Copyright pictures must be authorized by the author before they can be used for commercial purposes. Don't steal them.

reference data

The NPC Standing Committee's Decision on Amending the Copyright Law of People's Republic of China (PRC)