What is copyright-how do you know if there is copyright?

What is copyright? Do you need to apply for anything? How others use your pictures is infringement? To judge whether a work has copyright, it is necessary to determine whether it is original, that is, it was created independently by itself, originated from itself, and reached a certain level of intellectual creation. Not all works can be protected as copyright. For example, a picture captured casually by a camera or a pure video of a football match has no creative level at all and is not protected by copyright law.

The objects protected by patent law are inventions, utility models and designs. A simple picture can't meet the requirements of applying for a patent. If your picture reaches the scope of copyright law protection, then, except for fair use, everything else is infringing, whether it is profitable or not. The purpose of making profits is only the constituent elements of punishment.

Article 22 of the Copyright Law stipulates: "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 name of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed:

(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. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations. "

Extended data:

There are three basic types of copyright license contracts: general license, exclusive license and exclusive license.

The so-called "general license" refers to the licensing method in which the licensor permits the licensee to use the work within the specified scope, while retaining the right to use the work within the scope and allowing others to use the work.

The so-called "exclusive license" means that the licensor permits the licensee to use the work within the prescribed scope, while retaining the right to use the work within the scope, but not allowing others to use the work.

The so-called "exclusive license" means that the licensor licenses the licensee to use the work within the prescribed scope, and at the same time has no right to exercise the relevant rights during the license period, and may not license others to use the work.

Reference source:

-Copyright law

Reference source:

People's Network-How to judge the "exclusive right to use" in copyright cases

How to know whether a picture is copyrighted To determine 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 benefits obtained by the infringer or the losses suffered by the infringer during the infringement, 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 do you mean by portrait right and copyright? Portrait right and photographic copyright mean: Portrait right is the right of citizens to agree or disagree with others to use their portraits. The law stipulates that citizens' portraits may not be used for profit without their consent.

Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law.

The copyright of a portrait photographic work commissioned by a portrait right holder belongs to the person being photographed, that is, the portrait right holder, and the portrait right can be used by himself, unless otherwise agreed in the contract. The photographer created on the basis of other people's portraits, thus completing this entrustment contract, and the copyright belongs to the portrait owner.

According to the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC), the so-called photographic works refer to artistic works that record objective images on photosensitive materials with the help of instruments. "Portrait photography" is a kind of work that takes the portrait right of a specific person as the object and records the image of that person through self-conception, creation and photosensitive materials.

According to Article 2 of the Copyright Law: "Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law." Therefore, portrait photography works also enjoy copyright. According to Article 11 of the Copyright Law: "Copyright belongs to the author, except as otherwise provided in this Law." It can be seen that under normal circumstances, the copyright of portrait photography works belongs to the photographer.

Extended data:

The use of a citizen's portrait, even without his consent, does not constitute an infringement of the right to portrait. These situations include:

1. Use portraits of people with news value, such as countries, famous scholars, athletes and other public figures, and report their activities and deeds with their portraits when they appear in public. Photos of all levels of * * * going out for inspection and visit; A speech by a famous scholar; The pictures of athletes' competitions all belong to this category.

2. Using the portraits of people who participated in reportable meetings and garden activities, you can take photos of participants for reportable activities. For example, the photos used by the news media when reporting parades, military parades or celebrations or other public activities, people who participate in the activities cannot claim the right to portrait.

3. For the needs of current news reports, the use of portraits without the consent of portrait owners does not constitute infringement.

4. The photos created in the scenic spots are all embellished by people, or others are photographed in the photos. If it is not dominated by characters, it does not constitute an infringement of portrait rights.