To determine whether a work has copyright, you need to determine whether it is original, that is, it is independently created, originates from you, and reaches a certain level of intellectual creation. Not all works can be protected by copyright. For example, pictures taken casually with a camera or a pure video of a football match have no creative level at all and are not protected by copyright law.
The objects protected by the patent law are inventions, utility models, and designs. A simple picture does not qualify for a patent. If your picture reaches the scope of copyright protection, then other people's infringement, except for fair use, will be considered infringement, regardless of whether it is for profit. Purpose of profit is only a constitutive element of criminal punishment.
Article 22 of the Copyright Law stipulates: “In the following circumstances, a work may 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 shall be specified, and the copyright shall not be infringed. Other rights enjoyed by persons in accordance with this law:
(1) To use others’ published works for personal study, research or appreciation;
(2) To introduce or comment on a certain Works or to illustrate a certain issue, appropriately cite the published works of others in the work;
(3) In order to report current affairs news, it is inevitably reproduced or reproduced in newspapers, periodicals, radio stations, television stations and other media, etc. Citing published works;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media Articles on current affairs, unless the author declares that they are not allowed to be published or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, but the author declares that they are not allowed to be published or broadcast; Except for publishing and broadcasting;
(6) Translating or copying a small amount of published works for school classroom teaching or scientific research, for use by teaching or scientific researchers, but not for publication and distribution;
(7) State agencies use published works within a reasonable scope to perform official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, etc. need to display or preserve versions , copying the works collected by the museum;
(9) Free performance of published works, the performance does not charge fees to the public, nor pay remuneration to the performers;
(10) ) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;
(11) Copying, painting, photographing, and videotaping works in Chinese that have been published by Chinese citizens, legal persons, or other organizations The created works are translated into ethnic minority languages ??and are published domestically;
(12) Conversion of published works into Braille for publication. The provisions of the preceding paragraph apply to publishers, performers, and audio and video recordings. Restrictions on the rights of producers, radio stations, and television stations. ”
Extended information:
In copyright licensing contracts, there are three basic types: general license, exclusive license and exclusive license.
The so-called "general license" means that the licensor allows the licensee to use the work within the specified scope, while retaining the permission to use the work within the scope and to allow others to implement the work.
The so-called "exclusive license" means that the licensor allows the licensee to use the work within the specified scope, and at the same time retains its own right to use the work within the scope, but is not allowed to license others to implement the work. licensing method.
The so-called "exclusive license" means that the licensor allows the licensee to use the work within the specified scope. At the same time, it does not have the right to exercise relevant rights during the license period, let alone license other people to implement the work. licensing method.
Baidu Encyclopedia - Copyright Law
People's Daily Online - How to determine the "exclusive right of use" in copyright cases