Standards for the use of picture copyright-how to use online pictures without infringement

Provisions of Copyright Law on Picture Works China's Copyright Law has made corresponding provisions on picture works, ownership of picture works, use of works, tort liability and compensation amount. Let's look at the provisions of the copyright law on picture works. Provisions of the Copyright Law on Photographic Works Article 5 of the Copyright Law does not apply to: (1) laws and regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations; (2) current affairs news; (3) calendars, general digital tables, general tables and formulas. The works mentioned in Article 2 of the Regulations for the Implementation of the Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form. Article 4 The meanings of the following works in the Copyright Law and these Regulations: (10) Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by instrumental means; Article 5 The meanings of the following terms in the Copyright Law and these Regulations: (1) Current affairs news refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media; Interpretation of several issues concerning the application of law in the trial of cases involving computer network copyright disputes Article 2 The works protected by copyright law include the digital forms of various works specified in Article 3 of the Copyright Law. The people's court shall protect other intellectual creations that are not within the scope of works listed in Article 3 of the Copyright Law under the network environment, but are original in the fields of literature, art and science and can be reproduced in some tangible form. Copyright, also known as copyright, includes works copyright and software copyright. Copyright registration is the author's intangible assets and the best proof of his own value.

Legal analysis of the standard for determining the infringement of picture copyright: 1, publishing his works without the permission of the copyright owner; 2. Publishing a work created in cooperation with others as one's own work without the permission of the co-author; 3, did not participate in the creation, in order to seek personal fame and fortune, signed in other people's works; 4. distorting or tampering with other people's works; 5. Plagiarizing other people's works; 6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided for in this law; 7, the use of other people's works, should pay remuneration but did not pay; 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 similar film production methods, computer software and audio-visual products, except as otherwise provided in this Law;

Legal basis: Article 28 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant was domiciled.

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 interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, 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;

(eight) the production and sale of works signed by others.