How to calculate the ownership of copyright works? How much is it?

Hello, picture copyright problem! China's Copyright Law clearly stipulates that, except for fair use, the use of the right holder's works must be authorized by the right holder, otherwise it will constitute infringement. Therefore, whether you use it for sale or not, it constitutes infringement. It's just that at present, everyone's copyright awareness is not very strong, lack of copyright knowledge and other reasons, and they have not properly safeguarded their rights in accordance with the requirements of the law. You can do it. First of all, the signature of a picture cannot be changed or deleted, and the author's right of signature should be respected. In this way, although it has not been recognized by the author, the author can not pursue tort liability when he sees this situation. Second, it can be solved by paying a certain compensation after use. It doesn't matter if you can't find the author, you can do it through the collection center of the manuscript fee (China Copyright Protection Center and other institutions with this authority).

How to calculate the copyright ownership of pictures? How much is it? To judge whether a work has copyright, it is necessary to determine whether it is original, that is, it was created independently by itself, originated from itself, and reached a certain level of intellectual creation. Not all works can be protected as copyright.

For example, a picture captured casually by a camera or a pure video of a football match has no creative level at all and is not protected by copyright law.

The objects protected by patent law are inventions, utility models and designs.

A simple picture can't meet the requirements of applying for a patent. If your picture reaches the scope of copyright law protection, then, except for fair use, everything else is infringing, whether it is profitable or not.

Extended data:

There are three basic types of copyright license contracts: general license, exclusive license and exclusive license.

The so-called "general license" refers to the licensing method in which the licensor permits the licensee to use the work within the specified scope, while retaining the right to use the work within the scope and allowing others to use the work.

The so-called "exclusive license" means that the licensor permits the licensee to use the work within the prescribed scope, while retaining the right to use the work within the scope, but not allowing others to use the work.

Whether online pictures infringe copyright depends on whether the users of the pictures use them for commercial purposes. It does not belong to infringement if it belongs to the following twelve situations of fair use:

Article 22 of the Copyright Law stipulates that under the following circumstances, a work may be used without permission and without payment to 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 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.

Generally, you need to view the license agreement of the picture. If it is a first-hand photo with watermark, or it is declared that copyright is needed, it cannot be used without authorization.

Can your father read?

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How to see if the picture is copyrighted?

Search for the picture you want on the home page of the network.

After the search is completed, click on the main page of the picture and pay attention to the copyright information column in the lower right corner. If there is, it is generally copyright information. In addition, high-definition pictures with high pixels are also copyrighted. You can click to watch them carefully or indicate the source of the pictures.

Copyright pictures must be authorized by the author before they can be used for commercial purposes. Don't steal them.

reference data

The NPC Standing Committee's Decision on Amending the Copyright Law of People's Republic of China (PRC)