Traditional Culture Encyclopedia - Photography and portraiture - The pictures taken by Taobao sellers themselves were stolen by other sellers. Is this an infringement of intellectual property rights?

The pictures taken by Taobao sellers themselves were stolen by other sellers. Is this an infringement of intellectual property rights?

The second answer is that outsiders can say so, and insiders can answer it a little. ......

The protection object of copyright law is works, one of which is photographic works. Taobao sellers, as photographers (authors), generally enjoy the copyright of their photos. If other sellers use it online without permission, it will naturally infringe the copyright of the previous seller, specifically the right to copy and the right to spread information on the internet.

The laws are as follows (People's Republic of China (PRC) Copyright Law):

Article 2 Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following form:

(1) Written works;

. . .

(5) Photographic works;

. . .

(9) Other works as prescribed by laws and administrative regulations.

Article 47 Whoever commits one of the following acts of infringement 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;

. . .

The law is simple, and claiming rights is not simple. The photos of the goods taken are often not very different, so it will be more difficult to prove that others have stolen them. Many photographers will add some information indicating the identity of the photographer, which is more effective. In fact, it would be better if the added information that can show identity is not easy to be detected or can only be detected by special means.