Traditional Culture Encyclopedia - Photography and portraiture - How much is the photo copyright fee?
How much is the photo copyright fee?
How much is the photo copyright? Subjective law:
1. What is the general compensation for picture infringement?
Compensation for picture infringement generally ranges from several thousand yuan to tens of thousands of yuan, and the amount of compensation for picture infringement needs to be determined in the following order.
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.
Article 48 of the Copyright Law of People's Republic of China (PRC) stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. "
Paragraph 2 of Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes stipulates: "If the amount of losses of the infringed party cannot be determined, the court may, at the request of the infringed party, determine the amount of compensation according to the circumstances of the infringement, ranging from RMB 500,000 to RMB 300,000."
Second, what are the legal provisions for picture infringement?
Article 22 of the Copyright Law:
Under the following circumstances, a work may be used without permission or 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 in accordance with this Law shall not be infringed:
(1) Using published works of others for personal study, research or appreciation.
(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;
Third, the concept and characteristics of tort civil liability
(1) The concept of tort civil liability
Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability.
If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
(2) the characteristics of tort civil liability
① Tort civil liability is legal liability, not moral liability;
(2) Tort liability is a civil legal liability, not a criminal or administrative liability;
③ The way to bear tort liability is mainly property liability;
④ Tort liability is mainly compensatory.
How much the picture generally infringes is displayed in the text presented by the above-mentioned search network Bian Xiao. To sum up, the compensation for picture infringement generally ranges from several thousand yuan to tens of thousands of yuan, and the amount of compensation for picture infringement needs to be determined according to corresponding laws and regulations, and the amount of compensation for different degrees of infringement is also different. If you have any other legal questions, please consult Zhaofa.com's lawyer. ..
How much is the photo copyright fee?
How much is the general picture copyright fee? The law does not clearly stipulate that you can pay according to the charging standard published by the copyright center. Applicants generally need to fill in the work registration form and pay the registration fee when handling the work registration.
Legal objectivity:
Trial measures for voluntary registration of works
Article 13
Fees for the registration and inspection of works shall be formulated separately.
Trial measures for voluntary registration of works
Article 8
When applying for the registration of a work, the author or other copyright owner shall present proof of identity or provide proof indicating the ownership of the right of the work (such as:
Copies of cover and copyright pages, copies of some manuscripts and photos, samples, etc. ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir;
The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right.
Trial measures for voluntary registration of works
Article 9
After the works are verified by the Works Registry, the Works Registry will issue a certificate of registration. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.
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