How to complain about the stolen pictures of Taobao shop?

First, can Taobao picture infringement be prosecuted?

Constitute infringement. First, check whether the pictures you use infringe the copyright of others. If so, it is suggested to solve it through consultation.

Secondly, if the circumstances are minor and generally belong to civil tort, compensation is enough. If the circumstances are serious, according to China's intellectual property laws and regulations, it may be subject to administrative punishment or criminal punishment.

Second, the relevant legal rules

Article 47 of the Copyright Law of People's Republic of China (PRC) has one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed on other people's works;

(4) distorting or tampering with other people's works;

(5) Plagiarizing other people's works;

(6) Using a work by exhibition, cinematography or similar cinematography without the permission of the copyright owner, or using a work by adaptation, translation or annotation, unless otherwise provided for in this Law;

(seven) the use of another person's work, which should be paid but not paid;

(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created with similar film technology, computer software and audio-visual products, except as otherwise provided by this Law;

(9) Using the layout design of books and periodicals published by publishers without their permission;

(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;

(eleven) other acts of infringement of copyright and copyright-related rights and interests.

Third, the relevant content of infringement

1. The use of pictures of other people's Taobao shops must comply with the provisions of Article 22, Paragraph 1, of the Copyright Law, in order to be regarded as infringement. Watermark can't rule out infringement.

2. Paragraph 1 of Article 22 of the Copyright Law stipulates: "Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the name of the work shall be specified, 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) 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. "

3. In addition to the above provisions, using pictures of other people's Taobao shops, even if there is a watermark, is also an infringement.

The above is Bian Xiao's detailed answer to the question whether Taobao pictures can be sued for infringement. If Taobao pictures infringe on personal privacy and related rights and interests, then we can deal with them through legal channels and demand compensation from the other party. If you have any other questions, please visit the French Open website to consult a professional lawyer.