What businesses are infringing-how to judge infringement?

Is it infringement to use other people's pictures for commercial purposes after modification? It is an infringement to modify other people's pictures without their consent and publish them to the public, which will affect their reputation.

Legal analysis

If the flow rate is far below the minimum flow rate to ensure accuracy, there will be no output (such as vortex flowmeter) or the output signal will be cut off as a small signal (such as differential pressure flowmeter), which is unfavorable and unfair to suppliers. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand sides often agree that a certain flow value is the "agreed lower limit flow" according to the flow measurement range and the achievable range, and agree that if the actual flow is less than the agreed value, it will be charged according to the lower limit flow. The metrological administrative department of the people's government at or above the county level may set up metrological verification institutions according to needs, or authorize metrological verification institutions of other units to perform compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks specified in the preceding paragraph must pass the examination. This function is usually realized in the flow display instrument. The metrological administrative department of the local people's government at or above the county level shall, according to the needs of the local area, establish public standard instruments of measurement, which shall be used after passing the examination presided over by the metrological administrative department of the people's government at a higher level. Enterprises and institutions may, as required, establish standards of measurement for their own use, and the highest standards of measurement shall be used after passing the examination presided over by the metrological administrative department of the relevant people's government. Metrological verification shall be carried out on site in accordance with the principle of economy and rationality. Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrological verification system table shall be formulated by the metrological administrative department of the State Council.

legal ground

Article 24 of the Copyright Law of People's Republic of China (PRC) may, under the following circumstances, use a work without the permission of the copyright owner and without paying remuneration to the copyright owner, but the author's name and the title of the work shall be indicated, which shall not affect the normal use of the work or reasonably damage the legitimate rights and interests of the copyright owner: (1) Use a published work 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 reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news; (4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner 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, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution; (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, cultural centers, 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, without paying remuneration to the performers, and not for profit; (10) Copying, painting, photographing and video recording works of art set up or displayed in public places; (eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China; (12) Provide published works to people with dyslexia in a barrier-free way that they can perceive; (thirteen) other circumstances stipulated by laws and administrative regulations. The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.

How to define the infringement of pictures and what are the judging conditions? For each of us, we all enjoy some intellectual achievements and labor achievements, just as our own pictures or paintings are made into electronic versions as our own labor achievements.

When we show that we can't upload, modify or use our own things for commercial purposes, it is an infringement for others to use our pictures without our permission.

Malicious tampering and stealing

Each of us makes our own map, which is our own personal labor. When we have made it clear that others are not allowed to use these things, then others need our authorization to use our pictures at this time. For example, some people maliciously tampered with our pictures when uploading them, tampering with the source and original color of the pictures, which caused the problem of picture infringement to some extent. Or on our publicly released website, directly taking pictures of us and sending them to others, or uploading them to the network, also caused the problem of infringement.

Take it to business.

The most obvious problem of picture infringement is to put our own private pictures on the Internet or commercialize our products for profit, which is the most serious problem of picture infringement. Using our pictures not only infringes on our labor achievements and personal portrait rights, but also has a profitable effect, that is, picture infringement. If you can provide the source of genuine pictures now, you can ask the police for help and safeguard your legitimate rights and interests.

copyright consciousness

Intellectual property is the greatest wealth of each of us. We must protect the copyright of our personal photos. If someone needs our photos to enjoy, we can allow them to take them away properly. But if it is for commercial profit, then we should let them communicate with us before using it. When we find that we have been infringed by pictures, we must take up legal weapons to safeguard our legal rights.

Legal analysis on how to judge the infringement of pictures: The infringement of pictures generally involves the copyright of pictures, the graphic registration of trademarks and the application of appearance patents. Judging whether a picture is infringing depends on whether your graphic copyright is registered. If registered, it may involve infringement.

Legal basis: Article 48 of the Copyright Law commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances; 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 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; (eight) the production and sale of works signed by others.