Traditional Culture Encyclopedia - Photography and portraiture - How to punish the act of infringing the copyright of photographic works

How to punish the act of infringing the copyright of photographic works

Legal analysis: Anyone who uses a work protected by the copyright law without the permission of the copyright owner violates the relevant provisions of the copyright law and infringes on the personal rights and property rights in copyright, which is an act of copyright infringement. Should be based on the situation, to stop the infringement, eliminate the impact, apologize, compensation for losses and other civil liabilities; 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 a crime is constituted, criminal responsibility shall be investigated according to law.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 48 of the Copyright Law of People's Republic of China (PRC) * * * Copyright infringement disputes can be mediated. If mediation fails or one party reneges after mediation reaches an agreement, it may bring a lawsuit to the people's court. If the parties are unwilling to mediate, they may also directly bring a suit in a people's court.