Traditional Culture Encyclopedia - Photography and portraiture - Will using someone else's avatar infringe copyright?

Will using someone else's avatar infringe copyright?

Legal analysis: if someone else's painting is used as an account avatar, if it is not for profit, it is only used as an avatar, which generally does not constitute infringement.

Legal basis: Under any of the following circumstances, Article 22 of the Copyright Law of People's Republic of China (PRC) may use the work without the permission of the copyright owner and without paying remuneration to him, but the author's name and the name of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to this law shall not be infringed:

(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) Reporting current affairs news, inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media. (4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues published by other newspapers, periodicals, radio stations, television stations and other media. However, except for the author's statement that newspapers, periodicals, radio stations, television stations and other media are not allowed to publish or broadcast speeches delivered at public meetings, and except for the author's statement that published works are not allowed to be published, broadcast, translated or reproduced for school classroom teaching or scientific research for teaching or scientific research personnel, they are not allowed to be published. (seven) the use of published works by state organs within the reasonable scope of performing official duties. (8) Libraries, archives, memorial halls, museums, art galleries, etc. Reproduce the works collected by the library for the purpose of displaying or saving the version. (9) Performing published works for free, and charging no fees to the public for the performance. They didn't pay the performers either. (ten) copying, painting, photography and video recording of artistic works set up or displayed in outdoor public places. (eleven) to translate the Chinese works of China citizens, legal persons or other organizations into works in minority languages and publish them in China. (12) publishing published works in Braille. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.