How to know whether a picture has copyright?
1. How to check whether a picture has copyright?
To check whether a picture has copyright, you can check it through the intellectual property website , the principles for identifying copyright infringement are as follows:
In judicial practice, the commonly used principles for identifying copyright infringement are:
1. Dichotomy of ideas and expressions
Dichotomy of works Ideas are excluded from the protection scope of copyright law. This is a basic requirement of copyright law principles. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expressions, but not to ideas, processes, methods of operation or digital concepts themselves. Article 5 of the revised draft of the Copyright Law (hereinafter referred to as the draft) submitted by the Copyright Office of my country on January 8, 1998 also added that copyright law protects expressions and does not protect ideas, concepts, discoveries, principles, methods, embodiments and processes. terms.
Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.
In addition, even if it is an expression of thought, but the expression belongs to the public domain, for example, if it is a unique expression, the expression is also not within the scope of protection.
2. Principle of contact and similarity
After separating ideas and expressions, public domain and private domain, if the two works are the same or similar, two works can be passed Whether there is contact with the author or there are traces of contact in the work to determine whether it constitutes plagiarism.
If the right holder’s work is identical or similar to that of the defendant, and the defendant cannot provide his or her creative process to prove that the work was not imitated but created independently, infringement will be established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work must prove that he has not come into contact with the plaintiff's work, otherwise it can be presumed that there is contact.
In determining whether two works are identical or similar, there is the so-called substantial part, that is, the accused work imitates the substantial part of the right holder's work. However, what is the substantive part of a work and how to judge the substantive part is still a matter of opinion. This remains to be further explored in judicial practice.
2. What are the constituent elements of copyright infringement?
From the perspective of the constituent elements of copyright infringement, it should be analyzed from two aspects: "fault" and "no fault". When applicable When the principle of fault induction is adopted, its composition must simultaneously meet the four elements of illegality of the behavior: (injurious behavior), fact of damage, causation and fault. As far as torts determined based on the principle of no-fault liability are concerned, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.
1. Illegality. The act that caused the actual damage must be of illegal nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the actor infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, it constitutes an act of infringement of copyright.
2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if an infringer commits an infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this a copyright infringement? And For example, a publisher publishes without the author's permission but pays the author remuneration. These are all infringements, because they do not have the author's permission and no legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.
Our country can only protect original works. The protection here is mainly the protection of copyright. If it is a picture that is simply constructed by oneself and has one's own original ideas, in If so, you can apply for copyright protection and enjoy the corresponding copyright.
How to check whether a picture is infringing
Brand model: Xiaomi12SPro
System version: MIUI13.0.13
Software version: Copyright Home 5.1.8
To check whether a picture is infringing, you can click on the image detection on the copyright owner app. The specific operations are as follows:
Click on the copyright owner app to check
1. Click on detection
Click Monitor on the home page of the Copyright App.
2. Click to monitor
Click to monitor on the monitoring interface.
3. Click on the image to monitor
Click on the image to detect on the monitoring interface, and click to monitor to check whether there is infringement.
Legal basis
"Copyright Law of the People's Republic of China"
Article 48 Infringement of copyright or copyright-related rights shall constitute infringement The person shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income. 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.
"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes"
Article 10 If the amount of losses suffered by the infringed party cannot be determined, the court shall determine the amount of the infringed party's losses. According to the request, the amount of compensation can be determined between RMB 500 and RMB 300,000 according to the circumstances of the infringement, and the maximum amount shall not exceed RMB 500,000. How to determine whether a picture has copyright?
To determine whether a picture has copyright, you need to determine whether the creator has originality for the work. The work must be the intellectual achievement created by the author, rather than plagiarism or plagiarism from others. If the picture is created by the author and is original, it can be considered copyrighted.
1. How to determine whether a picture has copyright?
To determine whether a picture has copyright, you need to judge whether it is original. The work must be the intellectual achievement of the author, rather than plagiarism from others. . Creation is a kind of mental work and intellectual activity that can directly produce literary, artistic and scientific works. The requirements for originality of works under copyright law and creativity under patent law are different. Creativity in patent law requires that it must be novel, and even require that it be the first of its kind. The originality of a work in the copyright law, as long as it is created by oneself and is an intellectual achievement that expresses one's own ideas and feelings, even if the level of the work is lower than the level of similar works that have already appeared, as long as it is created by oneself, it should be deemed to have the originality. originality.
How to acquire copyright:
"Successive acquisition" refers to the situation where the acquisition of rights is a derivative acquisition of rights based on the existing rights of others. The copyright acquired through inheritance is a partial copyright, that is, it only involves the property rights in the copyright, unless there are clear provisions in the law. The inherited acquisition of copyright mainly includes the following specific circumstances:
(1) Acquisition due to agreement.
(2) Obtained by inheritance.
(3) Obtained due to legal provisions.
2. How much compensation should be paid for trademark infringement?
The "Trademark Law of the People's Republic of China" stipulates: The amount of compensation for trademark infringement shall be the amount of compensation due to the infringer during the infringement period. The benefits obtained, or the losses suffered by the infringed party due to the infringement during the period of infringement, include reasonable expenses paid by the infringed party to stop the infringement.
If the benefits gained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. .
The law stipulates the calculation method for determining the amount of compensation for trademark infringers. If it is difficult to determine the amount of compensation using statutory calculation methods, the people's court will award a compensation of less than 500,000 yuan. However, the law does not give the victim the initiative in calculating the amount of compensation for infringement. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademark Infringement makes up for this shortcoming. The Interpretation stipulates: “When the people’s court determines the infringer’s liability for compensation in accordance with the provisions of Article 56, Paragraph 1 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the right holder.
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When calculating the amount of infringement compensation, the infringed party must not only calculate the losses caused by trademark infringement, but also calculate the investigation, evidence collection, negotiation, mediation, litigation and other expenses paid by the infringed party to stop the infringement. Reasonable fees paid, as well as the fees paid for hiring a lawyer for the lawsuit.
Of course, after the infringed party has calculated the compensation method and calculated the amount of compensation in accordance with the law, the people's court should also consider the specific infringement. The final judgment will be made after comprehensive factors such as the nature, duration, consequences of the behavior, the reputation of the trademark, and the license fee.
In real life, there may be some people who frequently surf the Internet and browse some pictures, but these The picture is very likely to be plagiarized and stolen from others. In this case, it is an infringement of the copyright owned by others, so this behavior must be cracked down on. How to judge whether you have copyright is mainly See if it meets the requirements for copyright protection.