Specification for the Use of Picture Copyright —— How to Protect Picture Copyright?

How to infringe the copyright of pictures? 1. How to determine the copyright infringement of pictures?

1, publishing his works without the permission of the copyright owner;

2. Publishing a work created in cooperation with others as one's own work without the permission of the co-author;

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

4. distorting or tampering with other people's works;

5. Plagiarizing other people's works;

6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

7, the use of other people's works, should pay remuneration but did not pay;

8. Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided in this Law;

Second, what are the ways to bear tort liability?

Article 15 of the Tort Liability Law stipulates eight main ways of assuming responsibility:

(1) Stop the infringement

Stopping infringement means that the infringed person has the right to ask the court to stop the ongoing or continuing infringement that infringes on his legitimate rights and interests, and it applies to all kinds of infringement, as long as the illegal act is ongoing or continuing;

(2) Remove obstacles

Eliminating obstruction means that the infringer eliminates the objective factual state that prevents others from exercising their rights and realizing their interests normally. This method is mainly applicable to cases where property rights, especially neighboring rights, are violated.

(3) eliminate the danger

Danger is related to the fact and state that may cause infringement damage in the future. In this state, the infringed has the right to request the court to ask the infringer to eliminate it.

(4) Return property

Returning property means that the infringer transfers the illegally possessed or managed property to the infringed. Generally speaking, it is the owner who has the right to request the return of property; At the same time, the property must still exist, and if it does not exist, it will compensate for the losses or bear other responsibilities; If the infringer transfers the property to a third party, it depends on whether the third party meets the conditions of bona fide acquisition when transferring the property. If there is, it shall not request the return of the property for the benefit of the third party and the safety of the whole transaction;

5] Restore to the original state.

Restitution is mainly applicable to the case of property damage, that is, requesting the infringer to restore the property to its original state. There are two conditions for requesting restitution: one is the possibility, that is, the damaged thing may be restored to its original state; The second is the necessity, that is, the object needs to be restored to its original state.

(6) Compensation for losses

Compensation for losses is the most common way to bear tort liability. It may be applicable not only to cases where property rights and interests are infringed, but also to cases where personal rights and interests are infringed. The range of losses includes not only positive losses, but also negative losses, and the compensation for losses is generally limited to actual losses.

(7) apologize

Apologize means that the infringer admits his mistake and apologizes to the infringed in oral or written form, which is mainly applicable to the situation of infringement of personal rights and interests;

(8) Eliminate influence and restore reputation.

Eliminating influence means that the infringer eliminates the adverse consequences to the infringed within the scope of adverse influence; Restoration of reputation means that the infringer restores the reputation of the infringed person to its undamaged state within the scope of the damage caused by it. They usually only apply to cases of infringement of personal rights and interests.

legal ground

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Copyright law of the people's Republic of China

Article 47 Anyone who commits one of the following acts of infringement 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 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 other people's works;

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

(5) Plagiarizing other people's works;

(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. 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 by similar film production methods, 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.

Provisions of Copyright Law on Picture Works China's Copyright Law has made corresponding provisions on picture works, ownership of picture works, use of works, tort liability and compensation amount. Let's look at the provisions of the copyright law on picture works. Provisions of the Copyright Law on Photographic Works Article 5 of the Copyright Law does not apply to: (1) laws and regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations; (2) current affairs news; (3) calendars, general digital tables, general tables and formulas. The works mentioned in Article 2 of the Regulations for the Implementation of the Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form. Article 4 The meanings of the following works in the Copyright Law and these Regulations: (10) Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by instrumental means; Article 5 The meanings of the following terms in the Copyright Law and these Regulations: (1) Current affairs news refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media; Interpretation of several issues concerning the application of law in the trial of cases involving computer network copyright disputes Article 2 The works protected by copyright law include the digital forms of various works specified in Article 3 of the Copyright Law. The people's court shall protect other intellectual creations that are not within the scope of works listed in Article 3 of the Copyright Law under the network environment, but are original in the fields of literature, art and science and can be reproduced in some tangible form. Copyright, also known as copyright, includes works copyright and software copyright. Copyright registration is the author's intangible assets and the best proof of his own value.

How to protect the copyright of pictures? 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.