How to check the copyright information of an image - How to check whether an image is copyrighted

How to know whether a picture has copyright?

To check whether a picture has copyright, you can check it through the intellectual property website. Of course, in addition to this method, he can also check it through his own The way to judge whether a picture enjoys copyright in our country is mainly to see whether it is the original work of the party concerned.

1. How to check whether a picture has copyright?

To check whether a picture has copyright, you can check it through the intellectual property website. The principles for identifying copyright infringement are as follows:

In judicial practice, the commonly used principles for identifying copyright infringement are:

1. Dichotomy between ideas and expressions

Exclude the idea of ??a work from the scope of protection of copyright law outside. This is a basic requirement of copyright law principles. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expressions, but not to ideas, processes, methods of operation or digital concepts themselves. Article 5 of the revised draft of the Copyright Law (hereinafter referred to as the draft) submitted by the my country Copyright Office on January 8, 1998 also added that copyright law protects expressions but does not protect ideas, concepts, discoveries, and principles. , method, embodiment and process terms.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it is an expression of thought, but the expression belongs to the public domain, for example, if it is a unique expression, the expression is also not within the scope of protection.

2. Principle of Contact and Similarity

After separating thought and expression, public domain and private domain, if the two works are the same or similar, two works can be passed Whether there is contact with the author or there are traces of contact in the work to determine whether it constitutes plagiarism.

If the rights holder’s work is identical or similar to that of the defendant, and the defendant is unable to provide its creative process to prove that it did not imitate but created independently, the infringement will be established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work must prove that he has not had contact with the plaintiff's work, otherwise it can be presumed that there is contact.

In determining whether two works are identical or similar, there is the so-called substantial part, that is, the accused work imitates the substantial part of the right holder's work. However, what is the substantive part of a work and how to judge the substantive part is still a matter of opinion. This remains to be further explored in judicial practice.

2. What are the constituent elements of copyright infringement?

From the perspective of the constituent elements of copyright infringement, it should be analyzed from two aspects: "fault" and "no fault". When applicable When the principle of fault induction is adopted, its composition must simultaneously meet the four elements of illegality of the behavior: (injurious behavior), fact of damage, causation and fault. As far as torts determined based on the principle of no-fault liability are concerned, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.

1. Illegality. The act that caused the actual damage must be of illegal nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the actor infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright owner and will inevitably damage the interests of the copyright owner in the future, it constitutes an act of infringement of copyright.

2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if an infringer commits an infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this a copyright infringement? And For example, a publisher publishes without the author's permission but pays the author remuneration. These are all infringements, because they do not have the author's permission and no legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.

Our country can only protect original works. The protection here is mainly the protection of copyright. If it is a picture that is simply constructed by oneself and has one's own original ideas, in If so, you can apply for copyright protection and enjoy the corresponding copyright. How to check whether a picture is infringing

Brand model: Xiaomi12SPro

System version: MIUI13.0.13

Software version: Copyright Home 5.1.8

To check whether a picture is infringing, you can check it by clicking on the image detection on the copyright owner app. The specific operations are as follows:

Click on the copyright owner app to check

1. Click on detection

Click Monitor on the home page of the Copyright App.

2. Click to monitor

Click to monitor on the monitoring interface.

3. Click on the image to monitor

Click on the image to detect on the monitoring interface, and click to monitor to check whether there is infringement.

Legal Basis

"Copyright Law of the People's Republic of China"

Article 48 Infringement of copyright or rights related to copyright shall constitute infringement of copyright. The person shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.

"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes"

Article 10 If the amount of losses suffered by the infringed party cannot be determined, the court shall determine the amount of the infringed party's losses. According to the request, the amount of compensation can be determined between RMB 500 and RMB 300,000 according to the circumstances of the infringement, and the maximum amount shall not exceed RMB 500,000. How to check whether a picture is copyrighted

Search for the picture you want on the homepage of the Internet. After the search is completed, click to enter the main image page and pay attention to the copyright information column in the lower right corner. If there is any, it is generally copyright information.

In addition, generally high-definition pictures with high pixels are copyrighted. For specific ones, you can click on them to take a closer look, or indicate the source of the picture. Copyrighted images must be authorized by the author before they can be used for commercial purposes, please do not misappropriate them.

Whether the image is infringing or not depends on whether the image user uses it for commercial purposes. If it falls into the following twelve fair use situations, it does not constitute infringement:

Article 22 of the "Copyright Law" stipulates that under the following circumstances, works can be used without the permission of the copyright owner, No remuneration is paid to them.

(1) For personal study, research or appreciation, use other people’s published works;

(2) To introduce, comment on a certain work or explain a certain issue, use the work in the work Appropriately cite the published works of others;

(3) In order to report current affairs news, unavoidably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;

(4) Newspapers, periodicals, radio stations, TV 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, TV stations and other media, but the author declares that this is not allowed Except for publishing or broadcasting;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;

(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, but shall not publish and distribute them;

(7) For execution by state agencies Official use of published works within a reasonable scope;

(8) Libraries, archives, memorial halls, museums, art galleries, etc., make copies of works collected by the library for the purpose of display or preservation of versions;< /p>

(9) Performing published works for free without charging the public or paying the performers;

(10) Setting or displaying outdoor public works Copying, painting, photography, and videography of artistic works in ** places;

(11) Translating works created in Chinese language and writing that have been published by Chinese citizens, legal persons, or other organizations into ethnic minority languages The works are published and distributed domestically;

(12) Convert the published works into Braille for publication.