How much is the general compensation for picture infringement? Law is our lowest moral bottom line. Once you touch the bottom line, you will be punished by the law, so as to better abide by the law and know how to arm yourself through the law. How much is the general compensation for picture infringement?
How much is the general compensation for picture infringement? 1
1. How much is the compensation for infringement of a photo?
First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement. There is no specific amount of compensation for infringement of portrait rights. The amount of compensation for mental damage should be determined comprehensively according to the degree of fault of the infringer, the consequences caused by the infringement and the profit of the infringer.
The following factors are considered in determining the amount of compensation for mental damage:
1, the degree of fault of the infringer, unless otherwise provided by law;
2, the means of infringement, occasions, behavior and other specific circumstances;
3. Consequences caused by infringement;
4. The profits of the infringer;
5. The economic ability of the infringer to take responsibility;
6. The average living standard in the seat of the Court of Appeal.
Second, what are the violations of portrait rights?
The act of infringing the right to portrait should have the following two elements: one is to use the portrait, and the other is to use the portrait without the consent of the portrait owner or without justifiable reasons. Specifically, there are the following kinds of violations of portrait rights:
1. Using the portrait of the obligee for profit without the consent of the obligee;
2. Displaying, making public, displaying, copying or distributing the portrait of the right holder without the consent of the right holder, although not for profit;
3. Beyond the permission of the obligee to use the portrait of the obligee;
4. Use the portrait of the obligee beyond the geographical scope permitted by the obligee;
5. Use the portrait of the obligee during the period beyond the permission of the obligee.
Third, what is not an infringement of the right to portrait?
Under certain circumstances, because of public interests, portraits can be used without the consent of the portrait owner:
1, using portraits of public figures;
2. Use the portraits of people who participated in the assembly and garden activities for publicity and reporting;
3. Use citizen portraits for proper supervision by public opinion;
4. Using criminal photos because of wanted criminal suspects or reporting sentenced cases;
5. Use photos for the benefit of portrait rights;
6, the implementation and application of laws by state organs and the use of citizen portraits;
To sum up, if the photos of the parties are used by others without authorization, which brings adverse consequences, it can be judged that the right to portrait has been violated, so that the parties have the right to demand compensation from the other party. This is an ordinary infringement, and the amount of compensation depends on the degree and consequences of the infringement and the economic level of the infringer. If the other party refuses to pay compensation, the parties may bring a lawsuit to the court during the limitation period.
How much is the general compensation for picture infringement 2
Compensation standard for infringement of network pictures
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.
Ways to solve the infringement of network pictures
1, mediation. Both parties may request the copyright administrative department or copyright agency or other third parties to act as mediators and reach an agreement through consultation on a voluntary basis to resolve disputes.
2. Administrative complaints. If the infringement damages the public interests at the same time, the infringer shall not only bear the corresponding civil liability, but also be ordered by the copyright administrative department to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine. If the circumstances are serious, the materials, tools and equipment mainly used for making infringing copies may also be confiscated.
3. Civil litigation. If the copyright of the author or obligee is infringed, he may bring a lawsuit to the people's court according to law. According to the provisions of the Civil Code, the obligee shall bring a lawsuit to the people's court within two years from the date when he knows or should know that his rights have been infringed.
4. arbitration. Apply to an arbitration institution for arbitration according to the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
How much is the general compensation for picture infringement?
What are the legal provisions for picture infringement?
Article 22 of the Copyright Law:
Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(1) Using published works of others for personal study, research or appreciation.
(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;
Concept and characteristics of tort civil liability
(1) The concept of tort civil liability
Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability.
If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
(2) the characteristics of tort civil liability
① Tort civil liability is legal liability, not moral liability;
(2) Tort liability is a civil legal liability, not a criminal or administrative liability;
③ The way to bear tort liability is mainly property liability;
④ Tort liability is mainly compensatory.
Specific compensation standards for picture infringement:
If the picture is infringed, the compensation standard shall be determined according to the following factors.
1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;
First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement.
2. The illegal profit of the picture infringer;
If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.
3. When the above cannot be determined, the court will make a judgment according to the specific details.
When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.
How much is the general compensation for picture infringement?
1. What is the general compensation for picture infringement?
Compensation for picture infringement generally ranges from several thousand yuan to tens of thousands of yuan, and the amount of compensation for picture infringement needs to be determined in the following order.
1, the actual loss of the picture right holder or the actual infringement number of the picture infringer.
First of all, we should consider the actual loss, that is, the actual loss of Wilson, the picture right holder, or the actual loss brought by the picture infringer to the right holder due to the infringement.
2. The illegal profit of the picture infringer;
If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.
3. When the above cannot be determined, the court will make a judgment according to the specific details.
When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.
Article 48 of the Copyright Law of People's Republic of China (PRC) stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss 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. "
Paragraph 2 of Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes stipulates: "If the amount of loss of the infringed party cannot be determined, the court may, at the request of the infringed party, determine the amount of compensation according to the circumstances of the infringement, with the maximum amount not exceeding RMB 500,000."
Second, what are the legal provisions for picture infringement?
Article 22 of the Copyright Law:
Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(1) Using published works of others for personal study, research or appreciation.
(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, portable 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;
Third, the concept and characteristics of tort civil liability
(1) The concept of tort civil liability
Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability.
If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
(2) the characteristics of tort civil liability
① Tort civil liability is legal liability, not moral liability;
(2) Tort liability is a civil legal liability, not a criminal or administrative liability;
③ The way to bear tort liability is mainly property liability;
④ Tort liability is mainly compensatory.
How much the picture generally infringes is displayed in the text presented by the above-mentioned search network Bian Xiao. To sum up, the compensation for picture infringement generally ranges from several thousand yuan to tens of thousands of yuan, and the amount of compensation for picture infringement needs to be determined according to corresponding laws and regulations, and the amount of compensation for different degrees of infringement is also different. If you have any other legal questions, please consult Zhaofa.com's lawyer. ..
Legal objectivity:
Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; 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. Article 50 of the Copyright Law of People's Republic of China (PRC) * * * If the copyright owner or copyright-related obligee has evidence to prove that others are committing or will commit acts that infringe their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to order them to stop relevant acts and property preservation before bringing a lawsuit.
What should I do if I am sued for picture infringement? How much should I pay for it? Legal analysis: the infringer should compensate according to the actual loss suffered by the obligee or the infringer's illegal income.
Legal basis: Article 54 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss or the infringer's illegal income; If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method. If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the obligee has fulfilled the necessary burden of proof, and the books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide the books and materials related to the infringement; The infringer does not provide or provide false account books, materials, etc. The people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. In handling copyright disputes, the people's court shall, except in special circumstances, order the destruction of infringing copies at the request of the obligee; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering the commercial channels free of charge.