How to determine image copyright infringement
Legal analysis: The standard for identifying image copyright infringement is that the image has been published without the permission of the copyright owner, and the image will be shared with others without the permission of the co-author. Publishing collaboratively created pictures as if they were individually created, distorting, tampering with other people's works, plagiarizing other people's works, and using other people's works without paying remuneration are suspected of constituting copyright infringement.
Legal basis: Article 47 of the Copyright Law of the People's Republic of China. Anyone who commits the following infringement acts shall, according to the circumstances, bear civil obligations such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Responsibilities:
(1) Publish the work without the permission of the copyright owner;
(2) Treat the work created in collaboration with others as one's own without the permission of the co-author. Publishing the created works;
(3) Not participating in the creation, but signing other people’s works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Using the work in exhibitions, making movies, or using methods similar to making movies, or adapting or translating the works without the permission of the copyright owner Use of works in the form of comments, annotations, etc., except as otherwise provided for in this Law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Without payment With the permission of the copyright holder of a film work, a work created by a method similar to filmmaking, computer software, and audio and video recordings, or the holder of copyright-related rights, the work or audio and video recordings may be leased, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcasting or publicly transmitting the live performance without the permission of the performer Performing, or recording performances;
(11) Other acts that infringe upon copyright and copyright-related rights and interests. How to determine image infringement
The determination of image infringement is as follows:
1. Publish the image without the permission of the copyright owner;
2. With the permission of the copyright owner, the use of picture works in exhibitions, filmmaking, and similar filmmaking methods, or the use of picture works in adaptation, translation, annotation, etc.;
3. If you use other people's picture works, you must pay a fee The remuneration has not been paid;
4. Not participating in the creation, but signing others' works for the purpose of seeking personal fame and fortune, etc.
How to deal with image infringement
The details of how to deal with image infringement are as follows:
1. The civil liability methods that should be borne include stopping the infringement, eliminating the impact, and making an apology. , Compensate for losses;
2. Stopping the infringement, eliminating the impact, and making an apology are non-property liability methods, and compensation for losses is a property liability method.
Legal basis
: Article 52 of the "Copyright Law of the People's Republic of China"
In case of the following infringements, the following infringements shall be made according to the circumstances. Bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing the work without the permission of the copyright owner;
(2) Without cooperation With the permission of the author, the work created in collaboration with others is published as a work created solely by oneself;
(3) Without participating in the creation, in order to seek personal fame and fortune, the author signs the work of others;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Exhibiting or filming audio-visual works without the permission of the copyright owner Use the work in any way, or use the work in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this Law. How to determine and compensate for image infringement in 2023
1. The criterion for determining image infringement is certain distinctive signs or patterns in the pattern. If the color and tone are simply adjusted, it is an infringement. Or using it without the consent of others is also an infringement.
2. The amount of compensation for image infringement needs to be determined in accordance with the order of different factors. Let me explain the relevant content for you below for your reference and study. I hope it will be helpful to everyone.
1. How to determine and compensate for image infringement
(1) The criterion for determining image infringement is certain distinctive signs or patterns in the pattern. If the color and tone are simply adjusted, it is an infringement. . Or using it without the consent of others is also an infringement.
(2) The amount of compensation for image infringement needs to be determined in accordance with the following factors in order.
1. The actual loss of the picture right holder or the actual amount of infringement by the picture infringer
Picture infringement should first consider the actual loss, that is, the actual loss of the picture right holder or the actual loss of the picture infringer. The actual losses caused by the infringement to the right holder.
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 none of the above can be determined, the court will make a decision based on the specific details.
When neither the actual losses of the right holder nor the illegal profits of the infringer can 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 circumstances.
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; actual loss If it is difficult to calculate, compensation may be awarded based on the infringer's illegal income. The amount of compensation shall also include the reasonable expenses incurred by the right holder to stop the infringement. If the actual losses of the right holder or the illegal income of the infringer cannot be determined, the amount of compensation shall be determined by the people's court based on the infringement. Due to the circumstances of the conduct, the verdict is to award a compensation of less than 500,000 yuan."
2. What is the method for determining design patent infringement
1. Determine the scope of protection of design patent rights. According to the provisions of Article 59, Paragraph 2 of the Patent Law, the scope of protection shall be based on the design patented product shown in the pictures or photos submitted to the patent office by the design patentee when applying for the design patent. Including main view, top view, side view, etc. Among them, the main view is the most important because it best reflects the beauty of the exterior design. When determining the scope of protection of a design patent, attention should also be paid to identifying the elements that can reflect the beauty of the design from these views.
2. Determine whether the design patent product and the infringing product are the same or similar goods. The determination method of Chinese judges usually takes the function and use of the product as the criteria, and also refers to the classification of relevant goods in the International Design Classification Table (i.e. the Locarno Treaty). If the design patent product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods, and the comparison in step 3 below can be continued. If the two are not identical in terms of function and use, it can be determined that they are neither the same product nor similar products. At this point, we can end our infringement determination step and determine that patent infringement is not established.
3. Compare the design patent with the allegedly infringing product. That is, from the perspective of ordinary consumers, the key parts of the patented design and the design of the product accused of infringement are observed and judged as a whole. After comparison, the following three results may occur:
(1) If the design of the accused infringing product is exactly the same as the patented design, it will be determined that the former falls within the scope of patent protection, and patent infringement is established.
(2) The design of the allegedly infringing product is basically the same as the patented design in essential parts and is similar as a whole. Patent infringement may also be determined based on the principle of equivalents.
(3) If the design of the accused infringing product is neither identical nor similar to the patented design as a whole, it is determined that the accused infringing product does not fall within the scope of patent protection and patent infringement is not established. .
Through my introduction, we can understand that there are several ways to judge image infringement. If the infringement is determined, you can ask the other party to compensate for losses. I hope everyone can understand.