How to deal with copyright photos without infringement —— How to use online photos without infringement

How to use pictures without infringement The way to use pictures without infringement is to obtain the consent of the original picture copyright owner. Some people need to pay to use it. If it is not original, it can be used reasonably with legal permission. Then I'll tell you something about how to use pictures without infringement.

First, how to use pictures without infringement

"Authorization before use" 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?

The compensation for infringement of a picture is several hundred yuan, several thousand yuan 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 suspected infringement?

After receiving the notice from the court, don't panic, you need to be clear about the following points:

First of all, we must find out whether it is really 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.

That's all I collected.

How to use pictures without infringement

I hope it helps your doubts. 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 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

Legal analysis on how copyright pictures are not infringed: 1. If it is for profit, then reprinting other people's works requires the consent or payment of the copyright owner.

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

Legal basis: Under any of the following circumstances, Article 24 of the Copyright Law of People's Republic of China (PRC) may use a work without the permission of the copyright owner and without paying remuneration to the copyright owner, but the author's name and the title of the work shall be clearly stated, which shall not affect the normal use of the work or unreasonably damage the legitimate rights and interests of 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 reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner 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, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;

(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, cultural centers, 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, without paying remuneration to the performers, and not for profit;

(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;

(eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China;

(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;

(thirteen) other circumstances stipulated by laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.