How to complain about picture infringement
Legal subjectivity:
Picture infringement generally involves the copyright of the picture, the graphic registration of the trademark, and the application for appearance patent. According to the provisions of the Copyright Law of the People's Republic of China and the Berne Convention, works by Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright from the date of completion of creation. According to the provisions of Article 46 of the Copyright Law of the People's Republic of China, no one may use it without the permission of the right holder. No distortion, tampering, or plagiarism is allowed. You are also not allowed to put your name on the picture for the purpose of seeking personal fame and fortune. Otherwise, they should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances.
Legal objectivity:
Article 49 of the Copyright Law of the People's Republic of China infringes upon copyright or copyright-related rights, the infringer shall comply with the rights of the right holder. Compensation will be provided for actual losses; if actual losses are difficult to calculate, compensation may be provided based on the infringer's illegal gains. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan. Article 50 of the "Copyright Law of the People's Republic of China" The copyright owner or copyright-related right holder has evidence to prove that others are committing or about to commit acts that infringe upon his rights. If not stopped in time, his legitimate rights and interests will be infringed upon. If the damage is irreparable, you may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit. How to report illegal activities online
Online reporting process
1. First, you need to enter the Internet Reporting Center, open the browser webpage and search for the Internet Reporting Center to enter the relevant webpage;
2. Click on the China Internet Illegal and Bad Information Reporting Center and the page will jump to enter the homepage of the website. Here, choose to click on the illegal and bad information reporting portal;
3. Then, the page will jump to enter the report It is recommended to read the relevant pages of the instructions carefully and click Next after reading;
4. Select the type of report including real-name reporting, anonymous reporting and registered user reporting. Select the type according to your own needs. ;
5. Next, enter the URL and content of the report, and fill in the relevant information.
You can report on the websites of the People's Liberation Army of China and the Ministry of Supervision. There is an online report in the upper right corner of the website. It is best to report by letter. Issues considered to be particularly serious can be reported to the Beijing Central Commission for Discipline Inspection, major issues can be reported to the Provincial Commission for Discipline Inspection, and more serious issues can be reported to the Municipal Commission for Discipline Inspection. Generally, try not to report to the superior authority of your unit, especially the superior authority of your industry. In order to ensure that the report is taken seriously, the more detailed the clues, information and evidence provided, the better, so as to facilitate investigation and verification. At the same time, it is best to sign the report. When the time comes, the case acceptance agency will pay special attention to it, and you can also ask them about their implementation status. Also, it is best to send the letter by registered mail to ensure that the letter arrives safely. If you have concerns, you can report anonymously, as long as the clues are specific.
Legal Basis
"Several Provisions of the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Finance on the Protection and Rewarding of Reporters of Official Crimes"
1. Effectively comply with the central government's Requirements, unified thinking, and raising awareness
Reporting work is an important part of relying on the masses to investigate and deal with job-related crimes, and it is also an important part of the anti-corruption struggle. Establishing and improving the system for protecting and rewarding job-related crime whistleblowers is an important part of implementing the spirit of the 18th National Congress of the Communist Party of China and the Third, Fourth and Fifth Plenary Sessions of the 18th Central Committee of the Communist Party of China, and establishing and improving a system for punishing and preventing corruption. It is conducive to better Effectively mobilizing and protecting the people's enthusiasm for reporting is directly related to further promoting integrity in the whole society, directly related to the in-depth advancement of the anti-corruption struggle, and directly related to the dignity of the law and the image of the party and the country. All relevant units must fully understand the importance of establishing this system, effectively integrate their understanding and actions into the central government's deployment requirements, and actively cooperate to form synergy.
The procuratorial organs must, with the cooperation of disciplinary inspection, public security, finance and other units, continue to innovate ideas, improve methods, improve mechanisms, extend functions, and further protect and reward whistleblowers of occupational crimes; the public security organs must assist the procuratorial organs in doing a good job of informing whistleblowers Protection work should be carried out to effectively ensure the personal and property safety of whistleblowers and their close relatives; the financial department should strengthen financial guarantee and support for whistleblower rewards.
2. Resolutely implement the "Regulations" and strictly implement various whistleblower protection and reward systems
The "Regulations" deal with specific situations of "retaliation" and whistleblowers Detailed regulations have been made on the division of labor, confidentiality measures, protective measures, etc. for protection work, clarifying the scope of rewards for reporting, the amount of rewards and their guarantees, strengthening supervision of reward work, etc. All relevant units must study and understand it carefully and accurately grasp the "Regulations" 》The specific requirements. It is necessary to effectively keep the information of whistleblowers of occupational crimes confidential, and to refine the protection measures for whistleblowers and their close relatives. If the personal and property safety of the whistleblower and his close relatives is threatened, measures should be taken to prohibit specific persons from contacting the whistleblower and his close relatives, and to take special protective measures for the personal, property and residence of the whistleblower and his close relatives. Strict accountability must be pursued, and relevant personnel who violate confidentiality regulations and fail to protect whistleblowers will be held accountable in accordance with disciplines and laws. It is necessary to implement and improve the reporting reward system and fully mobilize the people's enthusiasm for reporting. At the same time, supervision of reporting reward work must be strengthened, and units and individuals who withhold, embezzle, privately distribute, or misappropriate reporting reward funds, or issue reporting reward funds in violation of regulations shall be held accountable in accordance with the law.
3. Actively prevent and seriously deal with retaliation against whistleblowers
First, we must pay attention to the prior protection of whistleblowers. If there is evidence that the whistleblower and his close relatives may be subject to retaliation by the person in charge of the unit taking advantage of his authority or influence, the People's Procuratorate shall require the relevant unit or individual to provide an explanation or explanation. If organizational or disciplinary sanctions should be imposed, the People's Procuratorate may transfer relevant evidence and other materials to the organizational department and disciplinary inspection and supervision agencies, who will handle the case in accordance with relevant regulations.
Second, retaliation against whistleblowers must be dealt with seriously. Any act of retaliating or instigating others to retaliate against the whistleblower or his close relatives shall be punished in accordance with disciplines and law; if it constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law; if it constitutes a crime, criminal liability shall be pursued in accordance with the law. If the whistleblower and his close relatives are retaliated against and cause personal injury, reputational damage or property loss, they shall be supported in making claims for compensation in accordance with the law. How to complain about copyrighted graphics on Taobao
1. How to complain about image infringement on Taobao
When we encounter such a situation where we are maliciously complained about image infringement, we must safeguard our legitimate rights and interests. If the seller receives a complaint about stolen pictures, and the other party contacts your Wangwang, QQ and other chat tools to ask for benefits, we can operate as follows:
1. Take the photo with a camera or mobile phone as soon as possible The content of the chat record will be uploaded when the complaint provides materials for evidence, and the source of the original image will be provided for evidence.
2. Go to the service center (contact customer service) - My service record - Picture theft - Complaints I received - Complaint number - Click to provide evidence.
3. After the evidence is submitted, a waiter will intervene and the processing time is 1 working day. If the waiter subsequently verifies that the complaining party has made a malicious complaint or malicious extortion, he will withdraw the complaint. .
4. After the complaint is withdrawn, the illegal pictures will be deleted as soon as possible. In fact, if you make some small modifications, these problems will not occur after the small p-picture, because now Taobao is basically a consignment person, and the pictures are basically provided by the manufacturer, and the seller sells them on behalf of the seller. It will not be said that there is a real author of the original picture. Come to complain about your infringement, so be careful about everything and don’t panic!
Finally, I want to popularize relevant legal knowledge about intellectual property rights to everyone:
According to the "People's Liberation Army of the People's Republic of China" According to the provisions of the Civil Code and the Berne Convention, works by Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright from the date of completion of creation.
According to the provisions of the "People's Liberation Army and Civil Code of the People's Republic of China", no one may use it without the permission of the right holder; nor may it distort, tamper with or plagiarize. You are also not allowed to put your name on the picture for the purpose of seeking personal fame and fortune. Otherwise, they should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances.
2. Whether the infringement is a factual act
The infringement is a factual act.
Factual behavior, also refers to unintentional behavior, refers to behavior in which the parties do not subjectively intend to have a civil legal relationship, but once the behavior is performed, it will objectively produce civil legal consequences.
Infringement is an act that violates the provisions of civil law and infringes on the legitimate rights and interests of others, and should bear civil liability according to law.
Factual behavior includes expression of intention, but it does not use expression of intention as an essential element at all, and it directly produces legal consequences in accordance with legal provisions. Factual acts only have the effects prescribed by law when the actor's objective behavior meets the statutory constituent elements. Therefore, its constitution does not require the actor to have corresponding civil capacity.
To put it in layman's terms, if an infringement has occurred, it does not matter what the party's intention was to infringe on the rights of others or whether it was purely an accident. However, in fact, the act has occurred. This is what the law is concerned about and must start to deal with. solved. Let me make it clear that the establishment of an infringement does not require an expression of intention, so it is a factual act.
3. Is business loss reimbursed for infringement?
According to Chinese laws, if someone infringes on the property of others, the property loss will be calculated according to the market price at the time of the loss or other methods. If the personal rights and interests of others are infringed and property losses are caused, compensation shall be based on the losses suffered by the infringed party; if the losses of the infringed party are difficult to determine and the infringer has gained benefits as a result, compensation shall be based on the benefits obtained.
You can know from the above article
How to complain about image infringement on Taobao
In fact, there are many online stores on Taobao that use the same images, but some There are situations where you don’t care about these infringements, or you have obtained the consent of the other party before showing it. If you still don’t understand something, you can consult a lawyer in the relevant profession. They are a very professional team and can answer your questions. All legal confusion.