How to Check the Copyright Infringement of Pictures —— How to know whether the pictures are copyrighted or not?

How to check whether the picture is copyrighted and search for the desired picture 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.

Infringement or not depends on whether the user of the picture uses it 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.

How to know whether a picture is copyrighted To determine whether a picture is copyrighted, it is necessary to judge whether the creator is original in this work. The work must be the intellectual achievement created by the author, not copied and plagiarized by others. If the picture belongs to the author's own creation and is original, it can be regarded as copyright.

First, how to determine whether the picture is copyrighted?

To determine whether a picture has copyright needs to judge whether it is original or not. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty and even originality. The originality of works in copyright law, as long as they are created by themselves, is the intellectual achievement of expressing their thoughts and feelings. Even if the level of works is lower than that of similar works that have already appeared, as long as they are created by themselves, they should be considered original.

How to obtain copyright:

"Derivative acquisition" refers to the situation that the acquisition of rights is based on the derivative acquisition of others' existing rights. Copyright obtained through derivation is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. Derivative acquisition of copyright mainly includes the following specific situations:

(1), protocol acquisition.

(2) Obtained through inheritance.

(3) Obtained according to law.

Second, how much should be paid for trademark infringement?

According to the Trademark Law of People's Republic of China (PRC), the amount of compensation for trademark infringement refers to the interests gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.

If the interests of the infringer mentioned in the preceding paragraph or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The law stipulates the calculation method for determining the amount of compensation for trademark infringers. If it is difficult to determine the amount of compensation by legal calculation method, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes makes up for this deficiency. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."

When calculating the amount of infringement compensation, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, consultation, mediation and litigation. Stop the infringement, and the fees paid for hiring a lawyer because of the lawsuit.

Of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to law, the people's court must comprehensively consider the nature, period, consequences, reputation of the trademark, licensing fees and other factors of the specific infringement before making a final judgment.

In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are probably copied by others. In this case, it is a problem of infringing the copyright owned by others, so this kind of behavior must be cracked down. How to judge whether we have copyright mainly depends on whether it meets the requirements of copyright protection.

How to judge whether online pictures are infringing 1? The pictures directly captured by search engines have no famous source and author. 2. Forward the pictures that the author explicitly stated that reprinting is prohibited. 3. Secondary processing or use of the picture without the consent of the original author. 4. Commercialize the picture without the author's consent. 5. Share in violation of the clear sharing rules of the photo sharing website. If it is for profit, then reprinting other people's works requires the consent of the copyright owner, otherwise it is infringement. If the other party holds you accountable, you will have to make financial compensation.