Image copyright monitoring-how to know whether a picture is copyrighted or not?

How to check whether the picture is infringing? Brand model: Xiaomi 12SPro

System version: MIUI 13.0. 13.

Software version: copyright owner 5. 1.8

To check whether the picture is infringing, you can click on the picture detection of the copyright house app to query. The specific operation is as follows:

Click on the copyright house app to inquire.

1, click detect.

Click Monitor on the homepage of Copyright House app.

2. Click to monitor

Click on the monitoring interface to monitor.

3, click on the image monitoring.

Click Image Detection in the monitoring interface, and click Monitoring to inquire whether there is infringement.

legal ground

Copyright law of the people's Republic of China

Article 48 Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Computer Network Copyright Disputes.

Article 10 If the amount of loss of the infringed party cannot be determined, the court may, upon the application of the infringed party, determine the amount of compensation within the range of 500,000 yuan to 300,000 yuan from 500 yuan.

How do I know if a picture is copyrighted? 1. How to check whether a picture is copyrighted?

Check whether a picture is copyrighted through the IP website. The principles for judging copyright infringement are as follows:

In judicial practice, the common principles for determining copyright infringement are:

1, dichotomy of thought and expression

Exclude the creativity of a work from the scope of protection of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but does not include ideas, processes, operating methods or digital concepts themselves. 1998 China copyright bureau 10/8, the draft amendment to the copyright law (hereinafter referred to as the draft) has also been added to article 5. The copyright law protects expression, but does not protect ideas, concepts, discoveries, principles, methods, forms and processes.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it belongs to the expression of ideas, it belongs to the public domain, and if it is a unique expression, it is not protected.

2. The principle of connection and similarity

After the separation of thought and expression, public domain and private domain, if two works are the same or similar, we can judge whether it constitutes plagiarism by whether the authors of the two works are connected or whether the works are connected.

If the works of the obligee and the defendant are the same or similar, and the defendant cannot provide the creation process to prove that it was independently created without imitation, the infringement is established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work proves that he has not touched the plaintiff's work, otherwise he can be presumed to have contacted it.

When judging whether two works are the same or similar, there is a so-called substantive part, that is, the accused works imitate the substantive part of the obligee's works. However, there are still different opinions on what is the essential part of a work and how to judge it. This needs to be further explored in judicial practice.

Second, what are the constitutive elements of copyright infringement?

From the constitutive requirements of tort, it should be analyzed from two aspects: "fault" and "no fault" When applying the principle of presumption of fault, its constitution must have four elements of illegality: (infringement), damage fact, causality and fault. As far as the tort based on the principle of no-fault liability is concerned, fault is no longer a constituent element of this kind of tort because whether people are at fault or not is not considered.

1, illegal. The act that causes factual damage must be illegal, and the actor shall be liable for compensation. Otherwise, even if there are damage facts, the actor cannot be held liable for compensation. No matter whether the activities carried out by the actor infringe the interests of the copyright owner, no matter whether the activities carried out by the actor pose a major threat to the interests of the copyright owner, they will inevitably harm the interests of the copyright owner in the future, which constitutes an act of copyright infringement.

2. Damage the facts. Usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner, and there is no clear reason for responsibility, the infringer shall bear legal responsibility. However, if the infringer commits an infringement and does not cause actual damage to the copyright owner, should he bear the tort liability? If someone illegally copies a large number of his works without the permission of the copyright owner, but does not branch them, is this an act of copyright infringement? Another example is that a publisher publishes without the permission of the author, but pays the author. These are all acts of infringement, because they have neither the permission of the author nor the permission of the law. The infringer exercises the rights that should have been controlled by the copyright owner, or hinders the exercise of the copyright owner's rights.

Our country can only protect original works, and the protection here is mainly copyright protection. If it is a simple picture constructed by yourself and has its own unique ideas, then you can apply for copyright protection and enjoy the corresponding copyright.

How to check whether the picture is copyrighted and search for the desired picture on the home page of the network? After the search is completed, click on the main page of the picture and pay attention to the copyright information column in the lower right corner. If there is, it is generally copyright information.

In addition, high-definition pictures with high pixels are also copyrighted. You can click to watch them carefully or indicate the source of the pictures. Copyright pictures must be authorized by the author before they can be used for commercial purposes. Don't steal them.

Infringement or not depends on whether the user of the picture uses it for commercial purposes. It does not belong to infringement if it belongs to the following twelve situations of fair use:

Article 22 of the Copyright Law stipulates that under the following circumstances, a work may be used without permission and without payment to the copyright owner.

(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.