How to avoid infringement when using other people's pictures
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 cannot use them freely without the permission of the copyright owner. What copyright law protects is "works", which refer to intellectual achievements in the fields of literature, art and science 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 related to "fair use" are mainly found in Article 22 of the Copyright Law, which stipulates "fair use" in twelve situations. In these cases, the work can be used without the permission of the copyright owner and without payment of remuneration to the copyright owner. , but the name of the author and the title of the work should be specified, and the other rights enjoyed by the copyright owner in accordance with this law should not be infringed. "Statutory permission" in copyright law means that the public directly obtains permission to use a work in accordance with legal provisions without the consent of the copyright owner, and upon payment of reasonable remuneration. The Copyright Law stipulates five types of "statutory permission", and the "Regulations on the Protection of Information Network Communication Rights" adds two types of "statutory permission". "Even if there is legal permission to use a copyright, the user still needs to pay the copyright owner corresponding remuneration, unless the work has expired and he no longer enjoys the copyright. This is the most important thing between the legal permission of copyright and the fair use of copyright. The difference." Guo He told reporters. 2. How much is the compensation for infringing pictures? The compensation for an infringing picture ranges from several hundred yuan to several thousand yuan or even tens of thousands to hundreds of thousands of yuan. In the event of image infringement, the compensation standard should be determined in the order of the following factors. 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 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 rights holder cannot be estimated, the compensation standard can also be estimated based on the illegal profits of the picture infringer. 3. When none of the above can be determined, the court will make a decision 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 circumstances. 3. How to deal with being sued for infringement. After receiving the notice from the court, do not panic. You need to clarify the following points: First, find out whether the infringement is really infringement. This is the top priority when responding to a lawsuit. You must first find out whether the other party really has exclusive rights. Sometimes, the other party’s exclusive rights are no longer protected by law due to failure to pay annual fees on time, or the other party’s There are certain problems with the patent, the patent does not meet the conditions for patent application, etc., all of which require review. The second step is to compare your product with the patent, paying special attention to the technical features in the patent. If your product does not meet these features, it can be used as a defense for non-infringement. Second, if it is really an infringement, we must actively bear the liability for the infringement. Generally speaking, we need to stop the infringement, eliminate the impact, and compensate for the losses. Third, it is recommended to entrust a professional lawyer to deal with the alleged infringement. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional capabilities can improve one's chances of winning the case. To sum up, the way to use pictures without infringement is the way that does not violate the law and requires consent or other legal reasons.
Legal objectivity: Article 48 of the "Copyright Law of the People's Republic of China" who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses; at the same time, he will cause damage to the public. * interests, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the case is serious, the copyright administrative department may also confiscate the materials mainly used to make the infringing copies. Materials, tools, equipment, etc.; if a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner shall also be subject to this law. Except where there are provisions; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks , except as otherwise provided for in this Law; etc. How to avoid image infringement when doing self-media?
Recently, many friends around me have received infringement liability letters or court summons from picture companies such as Panorama and Vision. One picture costs at least a few hundred, if not several thousand. If there are multiple pictures, the compensation will be not a small amount. Of course, comply with it. Copyright is a must. If you want to avoid the pitfalls of infringement of these pictures, Yang Tao, the author of "Online Marketing Sun Tzu's Art of War" will share some experiences with you.
1. Use the platform’s cooperative photo gallery
All major self-media platforms basically cooperate with photo companies. You can use the genuine photo gallery in the background. Today’s headlines can use Oriental IC, Penguin and Backends such as Baijiahao are all genuine photo galleries provided by Visual China, but be sure to remember that they can only be used on the platform where they are located. Use in other places is still infringement.
2. Take photos and create a gallery
What are the most common scenes? You can take more photos yourself. If you are a company, you can ask your colleagues to take more photos, and then form an internal Gallery, something that must be done sooner or later, create photo albums with different scenes, and upload materials of this category into it.
3. Design the cover image by yourself
For the cover image in the WeChat list, the icon ratio is 1*1, such as announcements, notifications, life, practical, etc. Use Photoshop to make a bunch of small The icon can be used at any time, just change the color. If there is a professional artist, it can be made more beautiful.
4. Choose free and open-source photo galleries
The world’s free copyright-free photo galleries, Unsplash, Pixabay, Pexels, etc., are all from abroad. Some of them have restrictions, so be sure to choose CC0 The agreement can be used for commercial purposes and does not require signature.
5. You can use secondary processed pictures
If you cannot avoid using them, you can use screenshots, such as web page screenshots, video screenshots, remakes, or multiple pictures for secondary processing. Processing, of course, these will also involve infringement and should not be used as much as possible.
6. These pictures will involve copyright infringement
The pictures found through search will also involve copyright infringement. Many people fall into the trap this way. Use other people’s pictures to note below. It is not a big problem for individual authors to indicate the author and source. If it is from a picture company, it is still infringement. Comics, design drawings, etc. will also be involved in infringement.
In order to avoid picture infringement, it is best not to use pictures that are not taken or designed by yourself. I hope there will be some copyright-free CC0 free pictures in China. If there is such a platform, everyone can share the pictures they took. Then you can use the pictures shared by others. I think such a website will develop well in the future. If the WeChat public account has genuine photo galleries in the background, most of the picture infringement can be avoided. How to avoid infringement of copyrighted pictures
Legal analysis: 1. If it is for profit-making purposes, reprinting other people’s works requires the consent of the copyright owner or payment of remuneration.
2. If it is only for personal use or study, general reprinting is legal.
Legal basis: Article 24 of the Copyright Law of the People's Republic of China: Under the following circumstances, works may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the author must be specified Name or title, title of the work, and shall not affect the normal use of the work, nor reasonably damage the legitimate rights and interests of the copyright owner:
(1) For personal study, research or appreciation, use of materials published by others works;
(2) To introduce and comment on a certain work or to explain a certain issue, appropriately citing the published works of others in the work;
(3) To report the news , inevitably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
(4) newspapers, periodicals, radio stations, television stations and other media publish or broadcast other newspapers, Current affairs articles on political, economic, and religious issues that have been published by periodicals, radio stations, television stations, and other media, except where the copyright owner has stated that they are not allowed to be published or broadcast;
(5) Newspapers, periodicals, radio stations , TV stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;
(6) Translating, adapting, compiling, and broadcasting for school classroom teaching or scientific research Or make small copies of published works for use by teaching or scientific researchers, but they are not allowed to be published or distributed;
(7) State agencies use published works within a reasonable scope to perform official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., copy works collected by the library for the purpose of display or preservation of versions;
(9) Free performances that have been published The performance does not charge fees to the public, nor pay remuneration to the performers, and is not for profit;
(10) Copying, copying, or displaying artistic works installed or displayed in public places Painting, photography, and video;
(11) Translate works created in the country’s common language by Chinese citizens, legal persons, or unincorporated organizations into ethnic minority languages ??for domestic publication and distribution;
(12) Provide published works to people with dyslexia in an accessible manner that they can perceive;
(13) Other circumstances stipulated by laws and administrative regulations.
The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.