Traditional Culture Encyclopedia - Photography and portraiture - In the example of making a work permit, you need to use different ones, so what problems should you pay attention to?
In the example of making a work permit, you need to use different ones, so what problems should you pay attention to?
1. Online pictures cannot be used at will. According to China's Copyright Law, the use of other people's works must be approved by the copyright owner. Except in cases where the law clearly stipulates that the copyright owner can be exempted from licensing and payment of remuneration, for example, Article 22 of the Copyright Law stipulates that in order to study, study or appreciate the use of published works by others, the permission of the copyright owner must be obtained.
Second, modification and use also constitute infringement. Some people may think that some modifications to the original work are not infringement. This understanding is wrong. Taking a photographic work as an example, the copyright owner enjoys the copyright in the whole and part of the photo. The use of photos processed and modified without the permission of the copyright owner is suspected of infringing not only the right of reproduction, but also the right of modification enjoyed by the copyright owner.
Third, "ignorance of infringement" and "non-profit purpose" are not shields. Different from ordinary civil tort, the constitution of ordinary civil tort requires the infringer to be subjectively at fault. Copyright is an absolute right with strong exclusiveness, and all the rights stipulated by the copyright law for copyright owners, such as the right to copy and the right to disseminate information on the Internet, are exclusive rights.
Four, after receiving the notice of the responding court, should actively respond to the lawsuit, can not take any chances. 20 17, 19, the Supreme People's Court issued "Several Opinions on Further Strengthening the Construction of Civil Servants". According to the provisions of Articles 7, 8 and 9 of this opinion, if a party refuses to confirm the address of service or evades or evades service by refusing to respond to the lawsuit or answering the phone, it may sign a contract with both parties.
Five, as long as without the permission of the copyright owner, there is no legal exemption, unauthorized implementation of the behavior controlled by the exclusive right constitutes a "direct infringement." As for whether the actor is "aware of the infringement" and "has a profit-making purpose", it only affects the amount of damages or the way of relief, and does not affect the determination of whether the behavior constitutes infringement.
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