Photo copyright law course-how to protect the copyright of photos?

How to make rational use of online pictures? Regarding the copyright issue of pictures, I hope the relevant legal persons can give a detailed answer, thank you! First of all, it is certain that the pictures you put forward, whether works of art, photos or design drawings, should be protected by China's copyright law. However, pictures related to current affairs news or pictures published ex officio have exceeded the protection period. The term of protection is generally fifty years, and the personal right of a work is not restricted except the right of publication. Theoretically, permanent protection.

The copyright of works stipulated in China's copyright law is mainly embodied in seventeen kinds. Including personal rights and interests and property rights. Theoretically, the right of signature, the right of publication and the right of modification to protect the integrity of a work are inviolable.

However, in practice, all the above rights are allowed to be exercised by others. For example, the right of signature and the right of publication, in the commissioned creation contract, some parties directly agreed on the ownership of the right of signature. As for the right to modify and protect the integrity of works, there are countless more. Some people may question the difference between the right to modify and the right to edit. Theoretically, they are two different rights, but in practice, this difference is of little significance. No one used the original name after the adaptation. As for the direct revision of the original, it is even more rare. Even if it is possible, the obligee cannot claim the right, because directly modifying the original works generally exists in the restoration of the art collection. The above is only based on practice and cannot cover all works in the sense of copyright law.

There are a lot of pictures on the internet now. It is common to use it without the permission of the copyright owner. This use is not limited to natural persons, but also includes many legal persons or other organizations. In addition to rational use, other uses are undoubtedly a kind of infringement.

However, due to the complexity of the network system, although it is used, it is not easy to be found. I don't mean to encourage people to use network resources improperly and infringe on the legitimate rights and interests of authors. All people's legitimate rights and interests are inviolable and should be equally protected.

There are two ways to use a work in the sense of copyright law in China: 1 only if the copyright owner permits and pays for it, and 2/without permission but pays for it.

If it is for your own use, then according to the relevant provisions of China's copyright law, you don't need permission from the copyright owner or pay for the pictures you study, appreciate and study. In addition, proper citation also belongs to the scope of rational utilization. There are also pictures that are reasonably used for teaching, collecting and performing official duties. No license or payment is required.

In addition to the above, using pictures without the permission of the copyright owner may lead to some legal consequences.

Mainly to apologize and compensate for the losses. There are other neutral clauses: stop the infringement and eliminate the influence. If the circumstances are serious, criminal responsibility may be investigated. Of course, this situation is relatively rare. The calculation method of compensation for losses is generally based on actual losses and illegal gains.

The actual losses here generally include the profits that can be obtained and the reasonable expenses to stop the infringement. However, it should be noted that the burden of proof lies with the copyright owner. The relevant judicial interpretations in the Supreme People's Court directly give the calculation method. This calculation method has some limitations, and its maneuverability seems to be very strong, but it actually limits the rights and interests of the parties. However, this judicial interpretation is formulated in combination with China's current actual situation and has certain scientific nature. I won't go into details.

Reasonable expenses include evidence collection fees and attorney fees. However, it should be noted that the evidence complies with relevant regulations.

It should also be pointed out that in order to facilitate the trial, the judicial interpretation also stipulates that the parties may determine the loss through consultation. This also creates conditions for the smooth settlement of such cases. But it seems a bit redundant.

If the above provisions cannot be applied, the maximum compensation limit stipulated in China's copyright law is RMB 500,000. This figure seemed moderate at the time. However, it is too obvious to look at the motivation for setting the upper limit at that time.

I haven't read for a long time, and there are inevitably mistakes in it. You know that yourself, right?

You can ask questions again. I will answer them when I am free.

How to protect the copyright of photos? How to protect the copyright of photos? Photos are most likely to be stolen and used by others. If this happens, how to protect the copyright of photos? Without my permission, it is an act of infringing the copyright of the author's original photos. Next, I will explain to you how to protect the copyright of photos. How to protect the copyright of photos? First of all, if you want to protect your own pictures, you can apply for an appearance patent to protect yourself or infringe on the rights of others. As long as you don't use other people's copyrights and don't copy them, there is no infringement. There is no infringement if you don't use other people's pictures for commercial activities. First, according to the law on how to protect photo copyright, copyright is essentially an intangible property. As long as it is not your own property or the property of others, it is owned by the owner, and it cannot be used casually, and it does not necessarily need to be marked. Therefore, as long as you quote a work created by others rather than yourself, you should think that the work is protected by copyright and should be authorized unless you can confirm that the work has passed the copyright protection period. Secondly, the copyright law also stipulates the issue of fair use: Article 22 of the copyright law stipulates: to study, study or appreciate the use of published works by others for individuals; For the purpose of introducing, commenting on works or explaining problems, you may cite published works of others in your works without permission and without paying remuneration to the copyright owner, provided that the author's name and the title of the works are clearly stated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed. How to prove that you enjoy the copyright of a work is the most direct way. In addition, the copyright certificate of a work obtained through copyright registration, or the submission of a manuscript of a work claiming copyright, a certificate issued by a certification body, a contract for obtaining rights, etc., will be presumed to be the copyright owner. Therefore, it is best to register the copyright of your photos in time after taking photos, so that when you find that you are infringed by others, you can further protect your photos and immediately defend your rights. How to protect the copyright of photos? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.

The right to use photos and copyright commercial photography can be understood as commissioned creation of works. Copyright (that is, copyright) is agreed by both of you. If there is no agreement, it belongs to the creator, that is, the studio or the individual. This is an intellectual activity of creation, not a photo.

For the photos, the ownership belongs to the studio, and you bought the right to use them. If the film has been used before, the studio gives you the negative, which can be understood as a punishment for ownership. Nowadays, digital products are basically replicas. That is beside the point.

If you buy the right to use, you can use it freely, but be careful not to infringe on the copyright of others without copyright.

By the way, you have the right to portrait, which is a personal right and cannot be transferred. Even if the studio enjoys copyright, it can't infringe your portrait rights, such as paid use.

Extended data:

The contents of portrait right include:

(1) Citizens have the right to their own portraits and the exclusive right to make and use portraits.

(2) Citizens have the right to prohibit others from illegally using their portrait rights or to damage or defile their portrait rights.

1. Exclusive right of portrait making: As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography, and transforming the image of a natural person into a portrait.

Two, the exclusive right to make portraits includes:

1. Portrait owners can decide to make their own portraits or let others make portraits according to their own needs or the needs of others and society, and no one else can interfere;

2. Portrait owners have the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

Reference source:

-Portrait right