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 to judge whether online pictures are infringing 1? The pictures directly captured by search engines have no famous source and author. 2. Forward the pictures that the author explicitly stated that reprinting is prohibited. 3. Secondary processing or use of the picture without the consent of the original author. 4. Commercialize the picture without the author's consent. 5. Share in violation of the clear sharing rules of the photo sharing website. If it is for profit, then reprinting other people's works requires the consent of the copyright owner, otherwise it is infringement. If the other party holds you accountable, you will have to make financial compensation.
How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance.
Whether a picture is infringing depends on whether your graphic copyright is registered. Copyright is automatically generated at the beginning of design and is not announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself.
But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed.
As for the inquiry of appearance patent, only the patent number can be found.
Extended data:
behaviour
Tort is a wrong behavior carried out by the actor.
Among the various views of foreign scholars on narrow sense infringement, there are three typical theories: one is the theory of fault behavior, which reveals the concept of infringement from the perspective of behavior.
Scholars who hold this view believe that infringement is a fault.
British scholar Fleming pointed out: "Tort is a civil fault, not a breach of contract, and the court will provide relief for this fault in the form of damages litigation."
Morris thinks: "If we simply summarize the tort, it can be said that it is a fault in private law".
The second is the theory of violating legal obligations. This theory mainly defines the concept of tort from the perspective of violating legal obligations.
For example, winfield, a famous British scholar, defined tort as the most complete from the perspective of the difference between tort and breach of contract.
He believes: "Tort liability is caused by violating the obligations stipulated by law in advance. For ordinary citizens, the remedy for violating this obligation is a lawsuit that fails to pay damages. Therefore, tort refers to the violation of the obligation stipulated by law and is aimed at ordinary people.
It does not violate the contractual obligations agreed by the parties themselves and aimed at specific people. The third is the theory of fault liability, which holds that fault is only the basis of tort liability.
In France, most scholars usually refer to Article 1382 of the French Civil Code, "When any act causes damage to others.
The person who commits the act is liable for compensation to the other party because of his own fault. This view holds that tort is a kind of liability for damages.
Broadly speaking, tort is the basis of liability, but tort not only refers to the tort caused by the fault of the actor, but also includes the liability based on the law.
Broadly speaking, tort includes not only fault liability, but also the responsibility of the actor based on the principle of fairness and no-fault liability, which is also produced by the legal system.
The second and third paragraphs of Article 106 of the General Principles of the Civil Law stipulate: "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. "
Reference source:
-Infringement