How to judge commercial infringement

The factors that determine the infringement of commercial pictures are as follows:

1, copyright ownership, first of all, we must determine whether commercial pictures are protected by copyright and determine the copyright owner. The copyright owner refers to an individual or organization who creates or buys pictures and obtains relevant rights. Only the copyright owner or someone expressly authorized by the copyright owner can use the picture.

2. Scope of use, the scope of use of commercial pictures is also an important factor in judging infringement. Commercial pictures usually need the permission or proper authorization of the copyright owner to be used for specific commercial purposes, such as advertising and promotional materials. Unauthorized or unauthorized use may constitute infringement.

3. similarity. It is also necessary to compare the similarity between the accused infringing picture and the original picture to determine the infringement of commercial pictures. If two pictures have significant similarities in overall composition, theme, color and elements, it may constitute infringement.

4. Public domain or fair use. Some commercial pictures may have entered the public domain, that is, the copyright has expired or there is no effective copyright protection. In addition, according to some laws, the fair use of commercial pictures may be regarded as legal, such as comments, news reports, academic research, etc.

In the business environment, the following are some common infringements:

1. Copyright infringement refers to the use, reproduction, display, dissemination or modification of other people's copyrighted works, such as pictures, music and movies, without the authorization of the copyright owner.

2, trademark infringement, without the authorization of the trademark registrant, unauthorized use of a trademark similar to or the same as another person's trademark, may lead to consumer confusion or damage to the business interests of the trademark owner.

Patent infringement refers to manufacturing, using, selling or importing other people's patented technology or invention without the permission of the patentee.

4. Infringement of trade secrets refers to obtaining, using or disclosing other people's trade secrets, such as confidential information, customer list and unique production technology. Without the consent of the legal right holder.

5, reputation infringement, through false statements, slander, slander the reputation of others or spread false information, damage the reputation and credibility of others.

6. Unfair competition, taking unfair commercial means, such as false advertising, misleading consumers, commercial slander, etc. , interfere with the normal business operation of competitors.

To sum up, judging the specific situation of commercial picture infringement may need to consider the above factors and combine with specific legal and judicial practice. If you think that your business pictures have been infringed, it is recommended to consult a professional intellectual property lawyer for accurate legal advice and help.

Legal basis:

Article 24 of the Copyright Law of People's Republic of China (PRC)

Under the following circumstances, a work may be used for free without the permission of the copyright owner, but the name of the author and the name of the work shall be indicated, 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.