1. how do I check if a picture is copyrighted?
To check whether a picture is copyrighted, you can query it through the website of intellectual property rights. The principles for determining copyright infringement are as follows:
In judicial practice, the commonly used principles for determining copyright infringement are:
1. Dichotomy between thought and expression
Excluding the idea of a work from the protection scope of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but not to ideas, processes, operating methods or digital concepts themselves. Article 5 of the draft amendment to the Copyright Law submitted by China's Copyright Bureau on January 8, 1998 (hereinafter referred to as the draft) also added a clause that copyright law protects expression and does not protect ideas, concepts, discoveries, principles, methods, manifestations and processes.
Thought and expression can be clearly distinguished in general works, but in computer software works, the boundary is not clear.
in addition, even if it belongs to the expression of ideas, but the expression belongs to the public domain, such as the unique expression, the expression is also not within the scope of protection.
2. The principle of contact and similarity
After the separation of thought and expression, public domain and private domain, if the two works are the same or similar, it can be judged whether it constitutes plagiarism by whether the authors of the two works have contact or whether the works have traces of contact.
if the works of the obligee and the defendant are the same or similar, and the defendant can't provide the creative process to prove that they were created independently without imitation, the infringement is established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work proves that he has not contacted the plaintiff's work, otherwise it can be presumed that there is contact.
in judging whether the two works are the same or similar, there is a so-called substantialpart, that is, the sued work imitates the substantial part of the obligee's work. However, what exactly is the essential part of a work and how to judge it is still a matter of different opinions. This needs further exploration in judicial practice.
second, what are the constitutive elements of copyright infringement?
From the constitutive requirements of tort, it should be analyzed from two aspects: "fault" and "no fault". When the principle of fault induction is applied, its constitutive requirements must simultaneously meet the illegality of the act: (injurious act), damaging facts, causality and fault. As far as the tort based on the principle of no-fault liability is concerned, fault is no longer a constituent element of this kind of tort because it does not consider whether people are at fault.
1. illegality. The act that causes damage to the facts must be illegal, and the actor is liable for compensation. Otherwise, even if there are damage facts, the actor cannot be held liable for compensation. No matter whether the activities carried out by the actor infringe the interests of the copyright owner or whether the activities carried out by the actor pose a major threat to the interests of the copyright owner and will inevitably harm the interests of the copyright owner in the future, it constitutes an act of copyright infringement.
2, damage the facts. It usually means that the behavior carried out by the infringer objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no definite reason for responsibility, the infringer should bear legal responsibility. However, if the infringer commits an infringement without causing actual damage to the copyright owner, should he bear the tort liability? If someone illegally copies a large number of his works without the permission of the copyright owner, but does not branch them, is this an act of copyright infringement? Another example is a publisher who publishes without the author's permission but pays the author a remuneration. These are all acts of infringement, because they have neither the author's permission nor the legal permission, and the infringer exercises the rights that should be controlled by the copyright owner or hinders the exercise of the copyright owner's rights.
Only original works can be protected in our country. The protection here is mainly copyright protection. If it is a simple picture constructed by ourselves and has its own original ideas, then you can apply for copyright protection and enjoy the corresponding copyright. How to judge whether a picture is copyrighted
To determine whether a picture is copyrighted, it is necessary to judge whether the creator has originality in this work. The work must be the intellectual achievement created by the author, not the plagiarism and plagiarism of others. If the picture belongs to the author's own creation and is original, it can be considered as copyrighted.
1. How to determine whether a picture is copyrighted?
To determine whether a picture is copyrighted or not, it is necessary to judge whether it is original. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty, and even requires originality. The originality of a work in the copyright law, as long as it is created by itself, is an intellectual achievement that expresses one's ideas and feelings. Even if the level of the work is lower than that of similar works that have already appeared, as long as it is created by oneself, it should be considered original.
Method of obtaining copyright:
"derivative acquisition" refers to the situation that the acquisition of rights is a derivative acquisition of rights based on the existing rights of others. Copyright through derivative acquisition is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. The derivative acquisition of copyright mainly includes the following specific situations:
(1) Obtained by agreement.
(2), obtained by inheritance.
(3), obtained by law.
second, how much should be paid for trademark infringement?
according to the Trademark Law of the People's Republic of China, the amount of compensation for trademark infringement refers to the benefits gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.
if the benefits obtained by the infringer due to infringement mentioned in the preceding paragraph or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.
The law stipulates the calculation method for determining the amount of compensation for trademark infringers, and it is difficult to determine the amount of compensation by using legal calculation methods, and the people's court will award compensation of less than 5, yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes made up for this shortcoming. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."
when calculating the amount of compensation for infringement, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, negotiation, mediation and litigation to stop the infringement, as well as the expenses paid for hiring a lawyer due to litigation.
of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to the law, the people's court should also consider the comprehensive factors such as the nature, period and consequences of the specific infringement, the reputation of the trademark, the license fee and so on before making a final judgment.
In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are likely to be plagiarized and stolen by others. In this case, it is an infringement of the copyright owned by others, so it is necessary to crack down on this behavior. How to judge whether you have copyright depends mainly on whether he meets the requirements of copyright protection. How to check the copyright of pictures?
Here are some ways to find out the copyright of pictures:
Use a professional copyright library: A professional copyright library can provide high-quality copyright pictures, including paid and free options. Among them, well-known paid copyright libraries include GettyImages, Shutterstock, etc., and free copyright libraries include Unsplash, Pexels, Pixabay, etc. Using these copyright libraries, you can find high-quality copyright pictures conveniently and quickly.
use an image search engine: an image search engine can search for similar or identical images through their characteristics, including paid and free options. Among them, well-known paid image search engines include TinEye and Google Image Search, while free image search engines include Baidu Image Search and Google Image Search. Using these search engines, we can find similar pictures, and then compare the original pictures with copyright information to determine the copyright situation.
contact the author directly: if the found picture has no copyright information or the copyright information is unclear, you can try to contact the author or the copyright party directly to find out the copyright situation of the picture. Some authors or copyright owners will leave contact information or provide copyright information on the pictures for the convenience of those in need.
It should be noted that under no circumstances should unauthorized pictures be used, so as not to infringe the copyright rights of others and cause legal disputes. If enterprises need to use other people's pictures, it is recommended to use them under the premise of obtaining copyright authorization or using free copyright pictures.