How can copyright not be infringed? -How can it be regarded as infringement?

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, Pi Xu may be ordered by the copyright administrative department to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also be fined; If the circumstances are serious, Hong Qing, 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; burn-up

How to use a picture is not infringement. A picture that has been authorized by others or has undergone original modification is not an infringement. Using other people's photos without permission is an infringement. But the key is whether the copyright owner of the photo is true, authorized, time limit and so on.

1. 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.

Second, 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.

legal ground

Copyright law of the people's Republic of China

Article 53 Anyone who commits one of the following acts of infringement shall bear the civil liability stipulated in Article 52 of this Law according to the circumstances; If the infringement damages the public interest at the same time, the copyright authority shall order it to stop the infringement, give it a warning, confiscate the illegal income, confiscate and harmlessly destroy the infringing copy and the materials, tools and equipment mainly used to make the infringing copy. If the illegal business amount is more than 50 thousand yuan, a fine of more than one time and less than five times the illegal business amount may be imposed. If there is no illegal business amount, the illegal business amount is difficult to calculate or less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; 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, copying or disseminating radio and television to the public through information networks without permission, except as otherwise provided by this Law;

(6) Deliberately circumventing or destroying technical measures without the permission of the copyright owner or copyright-related obligee, intentionally manufacturing, importing or providing devices or components mainly used for circumventing or destroying technical measures to others, or intentionally providing technical services for circumventing or destroying technical measures to others, except as otherwise provided by laws and administrative regulations;

(7) Deliberately deleting or changing works, layout designs, performances, audio-visual products or rights management information on radio and television without the permission of the copyright owner or copyright-related obligee, and providing them to the public knowing or should know that works, layout designs, performances, audio-visual products or rights management information on radio and television have been deleted or changed without permission, except as otherwise provided by laws and administrative regulations;

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

Legal analysis of how to use pictures without infringement: It is not infringement to use pictures again after others agree to authorize or make original modifications to other people's pictures, because China clearly stipulates that using other people's pictures without permission is an act of copyright infringement. It is not infringement to use pictures while paying others, or to use other people's pictures for personal use or study. Usually it is legal to reprint them, so it is not a specific infringement at this time.

Legal basis: Article 22 of the Copyright Law: Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the author's name and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to this law shall not be infringed:

(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 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;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(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, 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 or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.