Traditional Culture Encyclopedia - Photography and portraiture - How to determine if a photographic work is infringing?

How to determine if a photographic work is infringing?

Legal analysis: To determine the copyright infringement of the owner of the photographic work, the following two requirements should be met: First, you have the copyright to the photographic work. The copyright can be obtained originally, for example, you are the author, or it can be inherited. Acquisition, such as an author acquiring rights by assignment. Secondly, the perpetrator has committed infringing acts such as copying, distributing, and disseminating the photographic work to the public through information networks without the permission of the copyright owner, or has infringed upon the copyright owner's personal rights by distorting the work, preventing the author's signature, or publishing the work without permission. It should be noted that fair use and statutory permission do not constitute infringement.

Legal basis: "The People's Republic of China and the Civil Code"

Article 120 If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability .

Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.

Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.

Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.