1. How much compensation is generally required for image infringement?
Compensation for image infringement generally ranges from a few thousand yuan to tens of thousands of yuan. The amount of compensation for image infringement needs to be determined in the following order.
1. The actual loss of the picture right holder or the actual number of infringements by the picture infringer.
First of all, actual losses must be considered, that is, the actual losses of the picture right holder or the actual losses caused by the picture infringer to the rights holder due to infringement.
2. Illegal profits of the infringer of the picture;
If the actual loss of the right holder cannot be estimated, the compensation standard can also be estimated based on the illegal profits of the infringer of the picture.
3. When the above cannot be determined, the court will make a judgment based on the specific details.
When the actual losses of the right holder and the illegal profits of the infringer cannot be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and finally determine the amount of compensation based on the actual situation.
Article 48 of the "Copyright Law of the People's Republic of China" stipulates: "In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may Compensation shall be based on the illegal gains of the infringer. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall award a judgment of 500,000 yuan based on the circumstances of the infringement. "Compensation of less than RMB 10,000"
Article 10, paragraph 2, of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Computer Network Copyright Dispute Cases" stipulates: "If the amount of the infringed party's losses cannot be determined, the court shall At the request of the infringed party, the amount of compensation can be determined based on the circumstances of the infringement, ranging from RMB 500,000 to RMB 300,000."
2. What are the legal provisions for image infringement?
Article 22 of the Copyright Law:
Under the following circumstances, a work may be used without the permission of the copyright owner or without payment of remuneration to the copyright owner, but the author's name and The title of the work shall not infringe upon other rights enjoyed by the copyright holder in accordance with this Law:
(1) For personal study, research or appreciation, use of works published by others.
(2) In order to introduce, comment on works or explain problems, appropriately quote the published works of others in the work;
(3) In order to report current affairs news, publish in newspapers, periodicals, etc. Unavoidable copying and citation of published works on radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast other newspapers, periodicals, radio stations and television stations Current affairs articles on political, economic, and religious issues that have been published by other media, except those where the author declares that they shall not be published or broadcast;
(5) Newspapers, journals, radio stations, television stations and other media publish or broadcast in Speeches delivered at public gatherings, except those where the author declares that they shall not be published or broadcast;
3. The concept and characteristics of civil liability for torts
(1) The concept of civil liability for torts
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Citizens or legal persons who infringe upon state or collective property or the property or person of others due to fault shall bear civil liability.
If there is no fault but civil liability is stipulated by law, civil liability shall be borne.
(2) Characteristics of tort civil liability
①Tort civil liability is a legal liability, not a moral responsibility;
(2) Tort liability is a civil legal liability , not criminal or administrative liability;
③The main way to bear tort liability is property liability;
④Tort liability is mainly compensatory.
Generally, the content of the infringement of the picture is displayed in the text presented by the editor of the above search network. To sum up, compensation for image infringement generally ranges from a few thousand to tens of thousands of yuan. The amount of compensation for image infringement needs to be determined according to corresponding laws and regulations. The amount of compensation for different levels of infringement is also different. If you have any other legal questions, please consult a Zhaofa.com attorney...
The copyright fee for an image is a well-known concept. Even a humble picture may be copyrighted.
In order to avoid infringing the copyright of others, you should communicate with the copyright owner before using copyrighted images, and it is advisable to pay the copyright fee of the image before use. So how much is the general copyright fee for images? Next, let’s learn about the general knowledge about how much image copyright fees are.
1. How much is the image copyright fee?
Image copyright is a type of copyright, and its copyright fees are not clearly defined. Specifically, the copyright cost of an image depends on the quality, cost and even the photographer's reputation in the industry. The amount of the copyright fee for a picture still needs to be agreed with the copyright owner of the picture. The payment method of the copyright fee for the picture also needs to be contacted with the copyright owner.
2. How much is the general fee for image copyright registration?
According to the Work Registration Measures, if the copyright registration agency voluntarily registers the copyright of a photographic work, it shall pay a registration fee of 300 yuan. The fee for voluntary copyright registration at the China Copyright Protection Center is 300 yuan for each photographic work, and 100 yuan for each series of works starting from the second registration.
3. Copyrighted images? Authorization form
There are many forms of authorization for copyrighted images, among which RM and RF are the most common internationally. RM authorization is the abbreviation of the English word Rightmanagement, which stands for copyright management. It means that the copyright owner hands over his pictures to the photo agency, and the photo agency can negotiate the licensing price of the picture based on the customer's scope of use, distribution quantity, time and other factors. In China, authorized copyright photo libraries are mainly represented by traditional photo agencies such as Gaihua Creative and Panoramic Vision. Radio frequency authorization is the abbreviation of the English phrase Royaltyfree and is an internationally popular authorization method. Direct translation into Chinese is royalty-free. However, this definition is not very accurate in China, and China does not have the concept of "royalty". "Royalty-free" internationally means that users who purchase images do not need to pay "royalty" to the author based on the method of use, frequency and a certain percentage of income. Instead, by paying a small one-time fee, you can obtain the author's authorization to use the image for a wide range of purposes. It is not restricted by time, region, or number of publications, nor is it tied to the income you earn from using the image. In China, copyright image libraries using radio frequency authorization mainly include front-end galleries, miniatures, etc.
The above is the general knowledge about the copyright fees for images. The specific amount of image copyright fees depends on the specific circumstances of the image and cannot be generalized. And if the picture is a photographic work and someone likes to take it, the issue of portrait rights will also be involved. If you have other legal questions, please consult an attorney.
How much does a photo copyright cost?
How much is the general image copyright fee? The law does not clearly stipulate that you can pay according to the charging standards published by the Copyright Center. When applying for work registration, applicants generally need to fill in a work registration form and pay a registration fee.
Legal Objectivity:
Trial Measures for Voluntary Registration of Works
Article 13
The charging standards for registration and inspection of works will be formulated separately .
Trial Measures for Voluntary Registration of Works
Article 8
When applying for registration of works, authors or other copyright holders shall present proof of identity or provide proof indicating ownership of the rights to the work (For example:
Copies of the cover and copyright page, copies of some manuscripts and photos, samples, etc.), fill in the work registration form and pay the registration fee. If other copyright owners apply for registration of works, they should also present proof of the identity of the copyright owner (for example, an heir should present the identity certificate of the heir;
The client who entrusts the work should present the entrustment contract). The owner of exclusive rights should produce a contract to prove that he or she enjoys exclusive rights.
Trial Measures for Voluntary Registration of Works
Article 9
After the work is verified by the Works Registry, the Works Registry will issue a work registration certificate. The work registration certificate shall be produced by the registration authority based on the sample attached to these Measures. The verification period of the registration authority is one month, calculated from the date when the registration authority receives all application materials submitted by the applicant.