How to deal with copyrighted images to avoid copyright-How to avoid copyright infringement of copyrighted images

How to use other people's pictures to avoid infringing legal subjectivity: 1. How to use pictures without infringement. "Authorize first and then use" is the basic principle. First of all, any picture, whether taken or created, is protected by copyright law as long as it constitutes a work. Including picture works on the Internet, you may not use them without the permission of the copyright owner. Copyright law protects "works", which refer to intellectual achievements in the fields of literature, art, science, etc. that are original and can be reproduced in some tangible form. Our country's laws also provide for individual exceptions. This mainly includes two situations, namely legal permission and fair use. The provisions on "fair use" are mainly found in Article 22 of the Copyright Law, which stipulates "fair use" under twelve circumstances. In these cases, the work may be used without the permission of the copyright owner or payment of remuneration to the copyright owner, but the name of the author and the title of the work must be indicated, and other rights enjoyed by the copyright owner under this law shall not be infringed. "Statutory permission" in the Copyright Law means that the public can directly obtain permission to use a work in accordance with the law for reasonable remuneration without the consent of the copyright owner. The "Copyright Law" stipulates five situations of "statutory permission", and the "Regulations on the Protection of Information Network Communication Rights" adds two situations of "statutory permission". "Even if there is a legal copyright license, the user still needs to pay corresponding remuneration to the copyright owner. Unless the work has passed the protection period, he no longer enjoys the copyright. This is the main difference between legal copyright permission and fair use of copyright." Guo He Tell reporters. 2. How much is the compensation for infringing pictures? The infringement of a picture can cost hundreds, thousands or even tens of thousands of yuan. If the picture infringes, the compensation standard will be determined based on the following factors. 1. The actual loss of the picture right holder or the actual amount of infringement by the picture infringer; first of all, the actual loss must be considered, that is, the actual loss of the picture right holder or the actual loss caused by the picture infringer to the rights holder due to the infringement. 2. The illegal profits of the picture infringer; 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 picture infringer. 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 gains of the infringer cannot be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and ultimately determine the amount of compensation based on the actual circumstances. 3. How to deal with suspected infringement. After receiving a notice from the court, don’t panic. You need to clarify the following points: First, you must find out whether it is really an infringement. This is the most important thing in responding to a lawsuit. First, you need to find out whether the other party really has exclusive rights. Sometimes, because the annual fee is not paid on time, or the other party’s patent has some problems and does not meet the requirements for patent application, the other party’s exclusive rights are not protected by law. These all need to be reviewed. Secondly, you should compare your product with the patent, paying special attention to the technical features in the patent. If our products do not meet these characteristics, this may be a defense of non-infringement. Second, if there is any infringement, we must actively bear the liability for infringement. Generally speaking, the infringement should be stopped, the impact should be eliminated, and the losses should be compensated. Third, for suspected infringement, it is recommended to entrust a professional lawyer to handle it. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional capabilities can improve its chances of winning the case. To sum up, the way to use images without infringement is not to violate the law. You must obtain consent or have other legal reasons.

Legal objec The copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools and equipment mainly used to make infringing copies. ; (1) Copying, distributing, performing, screening, broadcasting, compiling and disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided in this law; (2) Publishing others' exclusive rights to publish (3) Copying and distributing audio and video recordings of his or her performances without the permission of the performers, or disseminating their performances to the public through information networks, unless otherwise provided for in this law; etc.

How do self-media avoid image infringement? Recently, many friends around me have received infringement liability letters or court summons from photo companies such as Panorama and Vision. A minimum of a few hundred, maybe a few thousand. If there's more than one, it's not a small number. Of course, you should abide by copyright. If you want to avoid the pitfalls of image infringement, Yang Tao, author of "Sun Tzu's Art of War in Internet Marketing", would like to share some experiences with you.

First of all, use the platform’s cooperative photo galleries

All major self-media platforms basically cooperate with photo companies, and genuine photo galleries can be used in the background. Toutiao can use genuine pictures such as Oriental IC, Penguin, Baijiahao, etc. These pictures are provided by Visual China in the background, but you must remember that they can only be used on your own platform, and they are still infringing in other places.

Second, take photos and create galleries

What are the most commonly used scenarios? You can take more photos yourself. If it is a company, you can ask colleagues to take more photos and then form an internal gallery. This will have to be done sooner or later. We will create photo albums of different scenes and upload materials in that category.

Third, the cover picture is designed by myself.

For the cover image in the WeChat list, the icon ratio is 1*1, such as announcements, notifications, life, practical, etc. Make a bunch of small icons in Photoshop and you can use them at any time. Just change the color. It can be more beautiful if you have a professional artist.

Fourth, choose a free and open source image gallery.

Global free copyright-free photo galleries, such as Unsplash, Pixabay, Pexels, etc. , all from abroad, some still have restrictions. The CC0 agreement must be selected, which can be used for commercial purposes and does not require a signature.

5. You can use secondary processing of pictures.

If you cannot avoid using it, you can use screenshots, such as web page screenshots, video screenshots, remakes, or secondary processing of multiple pictures. Of course, these will also involve infringement. Try not to use them if possible.

6. These pictures may involve infringement.

Images found through searches may also involve copyright infringement. This is how many people fall into the trap. It is not a big problem for an individual author to use someone else’s picture and indicate the author and source below. If it is a picture company, it will still infringe, as well as comics and design drawings.

In order to avoid image infringement, it is best not to use images that were not taken or designed by yourself. I hope there will be some copyright-free CC0 free galleries in China. If there was such a platform, everyone could share their own pictures and then use the pictures shared by others. I think this site will do well in the future. If the WeChat official WeChat account has genuine photo galleries in the background, most image infringements can be avoided.

Legal analysis on how to avoid infringement of copyrighted images: 1. If it is for profit, then reprinting other people's works requires the copyright owner's consent or payment.

2. If it is only for personal use or study, reprinting is generally legal.

Legal basis: Article 24 of the "Copyright Law of the People's Republic of China" Under any of the following circumstances, the work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the author must be clearly stated The name and title of the work shall not affect the normal use of the work, and shall not unreasonably damage the legitimate rights and interests of the copyright owner:

(1) Use the published works of others for personal study, research or appreciation;

(2) In order to introduce, comment on works or explain problems, appropriately cite the published works of others in the work;

(3) In order to report news, in newspapers, periodicals, radio stations, television stations and other media Unavoidably reprint or quote published works;

(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast related works that have been published by other newspapers, periodicals, radio stations, TV stations and other media Current affairs articles on political, economic, and religious issues, except those that the copyright owner declares shall not be published or broadcast;

(5) Articles published or broadcast at public gatherings by newspapers, periodicals, radio stations, television stations and other media Speeches, except those where the author declares that they shall not be published or broadcast;

(6) Translate, adapt, edit, broadcast or copy a small amount of published works for school classroom teaching or scientific research, but shall not be used for Publishing and distribution;

(7) State agencies use published works within the reasonable scope of performing official duties;

(8) Libraries, archives, memorial halls, museums, and art galleries , cultural centers, etc., for the purpose of displaying or preserving versions, copying works collected by libraries;

(9) Performing published works for free, without charging fees from the public, without paying performers, and without profit for the purpose;

(10) Copying, painting, photographing, and videotaping artworks installed or displayed in public places;

(11) Copying, painting, photographing, or videotaping works of art installed or displayed in public places; Organize works published in national common languages ??to be translated into minority languages ??for publication and distribution in China;

(12) Provide published works to people with reading disabilities in an accessible manner that they can perceive;

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(13) Other circumstances stipulated in laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.