Can I sue if the picture is not a copyright registration theft? -The picture was stolen by others. How can I protect my rights?

Original works have no registered copyright. How to protect rights when stolen? Copyright protection is not only for works with registered copyright, but also for works without registration. But at this time, we must prepare sufficient evidence to prove that our works were published early. After finding the relevant evidence, you can go directly to the court to sue, and then wait for the trial.

There are two points to pay attention to here. One is to make sure that the other party has stolen our work, and the other is that there is enough evidence to show that we published it earlier than the other party. It will be easier to sue if the evidence is conclusive. Without relevant evidence, safeguarding rights will be difficult and may even fail. After all, the court is looking at evidence, without which everything is difficult to prove.

1, copyright protection

We need to understand the content of copyright protection, not only refers to the original works that have been registered, but also includes unregistered works. As long as it is proved to be original, it is within the scope of protection.

For example, a lyricist has written many songs himself, and it is impossible to register in every capital without his own strength.

After all, there is a charge for registration. Ordinary music works are charged according to 30 yuan first, and each song in the subsequent series is registered at 100 yuan. For those who can't make big profits, it is obviously at a loss to apply for registration. The law protects all original works. As long as it is determined that the work has been stolen, you can use legal weapons to safeguard your legitimate rights and interests.

2. Two pieces of evidence

Since we use the law to protect our legitimate rights and interests, we must collect evidence and prepare to file a lawsuit against the infringer.

There are two main evidences here: one is to identify the other party's corruption, such as trading and making profits in the name of work, which are all evidences; The second is to find ways to prove their originality, such as manuscripts, the release time of related platforms,

source file

Wait a minute.

Especially the latter is to prove that we are original.

prerequisite

Only by confirming this can we guarantee the victory in the prosecution process. If there is no evidence, you may need to accept the fact of infringement.

3. Try to apply for registration or save evidence.

For your original excellent works, you must apply for registration as much as possible. If you don't want to spend money, keep the source files and the earliest published evidence.

However, it should also be clear that these evidences are at risk of being lost, the platform may close down, and files may be lost, so it is not convenient to apply for registration directly.

From a legal point of view,

China copyright protection center

The certificate issued is the most favorable certificate. Although the application requires a certain fee, it is also the best way to protect your works, especially some.

Public role

Music, novels, dancing, etc. You need to apply for copyright.

Internet piracy can be prosecuted in court. Internet piracy can be brought to the people's court. If copyright infringement does not constitute a crime, the infringer must pay compensation to the infringed. If the two sides can't reach an agreement on this part of civil compensation, the original author of the picture can bring a lawsuit to the court where the infringer is located.

1. Can online piracy be prosecuted?

Internet piracy can be prosecuted in court. Except as otherwise provided by the Copyright Law of People's Republic of China (PRC) or laws and regulations, if one of the following acts of infringement does not constitute a crime, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:

(1) Publishing or registering the software without the permission of the software copyright owner;

(2) Publishing or registering other people's software as their own;

(3) Publishing or registering the software jointly developed with others as the software independently completed by itself without the permission of the cooperator;

(4) Sign or change the signature on other people's software;

(5) Modifying or translating software without the permission of the software copyright owner;

(six) other acts of infringement of software copyright.

Second, what are the conditions for bringing a lawsuit to the court?

Article 108 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

3. What are the administrative penalties for copyright infringement by online piracy?

(1) warning. It is the first warning and condemnation given by administrative organs to offenders, and it is mainly applicable to minor violations.

(2) Ordering to stop making and distributing infringing copies. The function of this form of punishment is to make it impossible for the infringer to continue to make profits by making and distributing infringing copies, but it does not touch the gains made by the infringer by making and distributing infringing copies. Therefore, it is not appropriate to use this method alone when the infringer has already obtained benefits.

(3) Confiscation of illegal income. It refers to turning over all the proceeds obtained by the infringer through infringement to the state treasury. This form of punishment is a supplement to the former one, and the combination of the two can make the infringer have nothing.

(4) Confiscation of infringing copies. In order to prevent the infringer from spreading the infringing copies made or not, and continue to cause damage to the victims, it is necessary to confiscate the infringing copies.

(5) Confiscating the production equipment of infringing copies. For those infringers who may continue to infringe, the equipment for making infringing copies should be confiscated, so as to fundamentally eliminate the possibility of continuing to make infringing copies.

(6) fine. Article 5 1 of the Regulations for the Implementation of Copyright Law stipulates that anyone who plagiarizes another person's work shall be fined from 100 yuan to 5,000 yuan; Whoever counterfeits another person's artistic works shall be fined 1000 yuan to 50000 yuan. For other acts of copyright infringement that can be given administrative punishment, a fine of 1 10,000 yuan to 654.38+10,000 yuan or two to five times the price may be imposed.

Internet piracy is suspected of infringing the original author's copyright. Photographic works and these pictures uploaded by others may not be reproduced in theory without consent. For copyright infringement, we should also analyze it according to the consequences of infringement. If the consequences are already serious, infringement of copyright constitutes a crime.

How to protect rights when pictures are stolen by others? When the picture is stolen by others, the rights protection methods are as follows:

1. You can negotiate with the other party and ask the other party to stop the infringement, eliminate the influence, apologize and compensate for the losses. If negotiation fails or the other party is unwilling to negotiate, both parties may settle under the coordination of national or provincial copyright bureaus, patent offices, trademark offices, people's mediation committees and lawyers, and it is suggested that they be identified through a written agreement after negotiation or settlement;

2. You can apply to the national or provincial copyright bureau, patent office and trademark office for protection, and the administrative department will impose corresponding administrative penalties on the infringer according to law; If the infringement is serious and may be suspected of committing a crime, you can call the police and the procuratorate will initiate a public prosecution. In the course of criminal proceedings, you can file an incidental civil action for compensation.

If there is an arbitration clause in the agreement signed by both parties, they can apply to an arbitration institution for arbitration. After the arbitration result comes out, if one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution;

4. You can bring a lawsuit to the intermediate people's court where the infringement occurred or where the infringer lived.

legal ground

: Article 110 of the Civil Code of People's Republic of China (PRC)

Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.

Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

Article 1 1 1

Personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.