1. Is it infringement for others to steal our pictures?
If others steal our pictures, it is infringement and citizens enjoy the right to portrait. Without my consent, citizens' portraits shall not be used for profit. According to the law of our country, the infringer shall bear civil liability if he steals or uses another person's name, deceives or fools others by means of letters or telegrams, and damages other people's property and reputation. Where a citizen's right to name, portrait, reputation and honor is infringed, or a legal person's right to name, reputation and honor is infringed, and a citizen or legal person demands compensation for losses, the people's court may determine the liability for compensation according to the degree of fault of the infringer and the specific circumstances, consequences and effects of the infringement. If the infringer infringes upon another person's right to name, name, portrait, reputation and honor and gains income, he shall not only compensate the victim for the loss according to law, but also confiscate the illegal income. For the purpose of making profits, citizens' portraits are used in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights. The main way of responsibility for infringing the right of portrait is civil liability. This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods.
Second, what are the conditions for picture infringement?
The criteria for judging the infringement of pictures are some obvious signs or patterns in the patterns, which are simply adjusted in color and tone, and belong to infringement. There are three steps to determine the design patent infringement:
1, to determine the scope of protection of design patents. The scope of protection shall be subject to the pictures or products of the design patent in the photos submitted by the design patentee to the Patent Office when applying for the design patent, including front view, top view and side view. Among them, the front view is the most important, because it can best reflect the beauty of design. When determining the protection scope of the patent right of design, we should also pay attention to finding out the elements that can reflect the aesthetic feeling of design from these views.
2. Determine whether the patented product of design and the infringing product belong to the same or similar goods. The identification method to judge China is usually based on the function and use of the product, and at the same time, it refers to the commodity classification in the International Classification of Designs (namely the Locarno Treaty). Where the patented product of design is the same as the product accused of infringement in function and use, it can be identified as the same or similar commodity, and the following comparison will be made. If they are different in function and use, we can conclude that they are neither the same goods nor similar goods, and then we can end our infringement judgment step and conclude that patent infringement is not established.
3. Compare the design patent with the alleged infringing product. That is to say, from the perspective of ordinary consumers, the design of patented products and the design of accused infringing products are observed and judged as a whole. After comparison, the following three results may appear:
(1) If the appearance design of the product accused of infringement is exactly the same as this patent, it is deemed that the former belongs to the protection scope of the patent right, and the patent infringement is established.
(2) The design of the accused infringing product is basically the same as the patent design in the main part, and the whole is similar. According to the principle of equivalence, patent infringement can be established.
(3) If the design of the accused infringing product is neither the same nor similar to the design of the patent as a whole, it is deemed that the accused infringing product has not fallen into the protection scope of the patent right, and the patent infringement is not established.
3. How much should I pay for a picture infringement?
The compensation for infringement of a picture is several hundred yuan, several thousand yuan or even tens of thousands of yuan. If the picture is infringed, the compensation standard shall be determined according to the following factors.
1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;
First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement.
2. The illegal profit of the picture infringer;
If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.
3. When the above cannot be determined, the court will make a judgment according to the specific details.
When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.
The above is what we arranged for you. From the above, we can know that if others steal our pictures, we can ask for compensation. If our actual losses or illegal gains cannot be determined, the people's court will determine the amount of compensation at the request of the parties or ex officio. When determining the amount of compensation, the people's court shall comprehensively consider the types of works, reasonable royalties, the nature and consequences of the infringement and other factors. If you don't know anything or have other questions, you can consult a lawyer looking for the French Open.
Legal objectivity:
Copyright law of the people's Republic of China
Article 48
In case of any of the following infringements, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the circumstances;
At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine;
If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies;
If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;
(2) publishing books with exclusive publishing rights enjoyed by others.