Traditional Culture Encyclopedia - Photography and portraiture - How to protect the copyright of pictures-How can photographers protect the copyright of pictures and realize the value of their works?

How to protect the copyright of pictures-How can photographers protect the copyright of pictures and realize the value of their works?

Can I apply for picture protection? How come? The method of applying for picture protection is as follows: Submit the works that you want to apply for copyright registration to the National Copyright Administration. To enter the copyright registration procedure, the author himself or his agent shall submit relevant application materials to the National Copyright Administration, and fill in the Copyright Registration Application Form and the Copyright Registration Guarantee. If there is no objection after examination, the Copyright Bureau will register and issue a work registration certificate within one month.

1. What is copyright?

Copyright: refers to the property rights and spiritual rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. In China, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which is called "copyright-related rights" in China's copyright law.

Second, what is the right to organize broadcasting?

The right of broadcasting organization refers to the exclusive right of broadcasting organizations to the radio and television programs they produce according to law. The rights of broadcasting organizations include: broadcasting organizations can ban unauthorized people.

(a) broadcast radio and television by wired or wireless means;

(2) Recording and reproducing radio stations and radio and television;

(three) broadcast radio and television to the public through the information network.

The term of protection of this right is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first broadcast of this radio and television.

legal ground

Copyright law of the people's Republic of China

Article 49 In order to protect copyright and copyright-related rights, the obligee may take technical measures.

Without the permission of the obligee, no organization or individual may intentionally evade or destroy technical measures, manufacture, import or provide relevant devices or components to the public for the purpose of evading or destroying technical measures, or intentionally provide technical services for others to evade or destroy technical measures. However, the circumstances that can be avoided as stipulated by laws and administrative regulations are excluded.

The technical measures mentioned in this Law refer to effective technologies, devices or components used to prevent or restrict browsing and appreciation of works, performances and audio-visual products or to provide works, performances and audio-visual products to the public through information networks.

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.

How can photographers protect the copyright of pictures and realize the value of their works? 1. How can photographers protect the copyright of pictures and realize the value of their works? People usually think that protecting the copyright of photographic works means safeguarding rights and litigation, and this understanding is relatively elementary. Copyright is a very abstract concept in theory. Only when it is combined with the market can the photographer's rights be truly reflected. Therefore, the ultimate goal of protecting photography copyright is to operate the copyright of excellent works of members of the Photography Association, which is the core of protecting photography copyright. On the one hand, copyright protection is to guide the legal use, legal authorization and genuine use of the society, and do a good job in popularizing relevant laws and regulations; On the other hand, there is a more important task, which is to establish the personal dignity of photographers in society and improve the market value of excellent photographers and excellent photographic works. We launched the limited certification of photographic works to build a brand, with the aim of helping photographers put their excellent works into the art market and improving the market value of photographers and photographic works. Our requirements for limited authentication of photographic works are relatively strict, and are bound by the laws of international photographic works and art markets. Second, the characteristics of the work 1. Works are expressions of thoughts and emotions, not thoughts and emotions themselves. 2. The work should be original. 3. Expression belongs to the category of literature, art and science. 3.( 1) The object of protection of written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations. 4. The unprotected object is 1, which does not meet the substantive requirements of the work, mainly including calendar, summary table, summary table and formula 2. In order to protect the public interests of the country or society, it is not appropriate to protect laws and regulations, resolutions, decisions and orders of state organs and other documents with legislative, administrative and judicial nature and their official translations by copyright law; (2) Current news (Article 5 of the Regulations on the Implementation of the Copyright Law of People's Republic of China (PRC) stipulates that the current news in the Copyright Law and these Regulations refers to the reporting of pure facts through newspapers, periodicals, radio stations, television stations and other media. In order to better protect his works from being used or modified by others or enterprises at will, the author of the works can also put forward copyright protection to the relevant departments in time after completing the works. After applying for copyright protection, if others use the work at will, the copyright owner can also apply for compensation according to law and ask the other party to stop the infringement.