How to avoid infringement when using other people's pictures
Legal subjectivity: 1. How to use pictures without infringement. "Authorize first and then use" is the basic principle. First of all, any picture, whether taken or created, is protected by copyright law as long as it constitutes a work. Including picture works on the Internet, you cannot use them freely without the permission of the copyright owner. What copyright law protects is "works", which refer to intellectual achievements in the fields of literature, art and science that are original and can be reproduced in some tangible form. Our country's laws also provide for individual exceptions. This mainly includes two situations, namely legal permission and fair use. The provisions related to "fair use" are mainly found in Article 22 of the Copyright Law, which stipulates "fair use" in twelve situations. In these cases, the work can 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 should be specified, and the other rights enjoyed by the copyright owner in accordance with this law should not be infringed. "Statutory permission" in copyright law means that the public directly obtains permission to use a work in accordance with legal provisions without the consent of the copyright owner, and upon payment of reasonable remuneration. The Copyright Law stipulates five types of "statutory permission", and the "Regulations on the Protection of Information Network Communication Rights" adds two types of "statutory permission". "Even if there is legal permission to use a copyright, the user still needs to pay the copyright owner corresponding remuneration, unless the work has expired and he no longer enjoys the copyright. This is the most important thing between the legal permission of copyright and the fair use of copyright. The difference." Guo He told reporters. 2. How much is the compensation for infringing pictures? The compensation for an infringing picture ranges from several hundred yuan to several thousand yuan or even tens of thousands to hundreds of thousands of yuan. In the event of image infringement, the compensation standard should be determined in the order of the following factors. 1. The actual loss of the picture right holder or the actual amount of infringement by the picture infringer; picture infringement should first consider the actual loss, that is, the actual loss of the picture right holder or the actual loss caused by the picture infringer to the rights holder due to the infringement. 2. The illegal profits of the picture infringer; if the actual loss of the rights holder cannot be estimated, the compensation standard can also be estimated based on the illegal profits of the picture infringer. 3. When none of the above can be determined, the court will make a decision based on the specific details. When the actual losses of the right holder and the illegal profits of the infringer cannot be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and finally determine the amount of compensation based on the actual circumstances. 3. How to deal with being sued for infringement. After receiving the notice from the court, do not panic. You need to clarify the following points: First, find out whether the infringement is really infringement. This is the top priority when responding to a lawsuit. You must first find out whether the other party really has exclusive rights. Sometimes, the other party’s exclusive rights are no longer protected by law due to failure to pay annual fees on time, or the other party’s There are certain problems with the patent, the patent does not meet the conditions for patent application, etc., all of which require review. The second step is to compare your product with the patent, paying special attention to the technical features in the patent. If your product does not meet these features, it can be used as a defense for non-infringement. Second, if it is really an infringement, we must actively bear the liability for the infringement. Generally speaking, we need to stop the infringement, eliminate the impact, and compensate for the losses. Third, it is recommended to entrust a professional lawyer to deal with the alleged infringement. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional capabilities can improve one's chances of winning the case. To sum up, the way to use pictures without infringement is the way that does not violate the law and requires consent or other legal reasons.
Legal objectivity: Article 48 of the "Copyright Law of the People's Republic of China" who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses; at the same time, he will cause damage to the public. * interests, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the case is serious, the copyright administrative department may also confiscate the materials mainly used to make the infringing copies. Materials, tools, equipment, etc.; if a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner shall be subject to criminal liability according to this law. Except where there are provisions; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks , except as otherwise provided for in this Law; etc. How to avoid image infringement when doing self-media?
Recently, many friends around me have received infringement liability letters or court summons from picture companies such as Panorama and Vision. One picture costs at least a few hundred, if not several thousand. If there are multiple pictures, the compensation will be not a small amount. Of course, comply with it. Copyright is a must. If you want to avoid the pitfalls of infringement of these pictures, Yang Tao, the author of "Online Marketing Sun Tzu's Art of War", will share some experiences with you.
1. Use the platform’s cooperative photo gallery
All major self-media platforms basically cooperate with photo companies. You can use the genuine photo gallery in the background. For Toutiao, you can use Oriental IC, Penguin and Backends such as Baijiahao are all genuine photo galleries provided by Visual China, but be sure to remember that they can only be used on the platform where they are located. Use in other places is still infringement.
2. Take photos and create a gallery
What are the most common scenes? You can take more photos yourself. If it is a company, you can ask your colleagues to take more photos and then form an internal Gallery, something that must be done sooner or later, create photo albums based on different scenes, and upload materials of this category into it.
3. Design the cover image by yourself
For the cover image in the WeChat list, the icon ratio is 1*1, such as announcements, notifications, life, practical, etc. Use Photoshop to make a bunch of small The icon can be used at any time, just change the color. If there is a professional artist, it can be made more beautiful.
4. Choose free and open-source photo galleries
The world’s free copyright-free photo galleries, Unsplash, Pixabay, Pexels, etc., are all from abroad. Some of them have restrictions, so be sure to choose CC0 The agreement can be used for commercial purposes and no signature is required.
5. You can use secondary processed pictures
If you cannot avoid using them, you can use screenshots, such as web page screenshots, video screenshots, remakes, or multiple pictures for secondary processing. Processing, of course, these will also involve infringement and should not be used as much as possible.
6. These pictures will involve copyright infringement
The pictures found through search will also involve copyright infringement. Many people fall into the trap this way. Use other people’s pictures to note below. It is not a big problem for individual authors to indicate the author and source. If it is from a picture company, it is still infringement. Comics, design drawings, etc. will also be involved in infringement.
In order to avoid picture infringement, it is best not to use pictures that are not taken or designed by yourself. I hope there will be some copyright-free CC0 free pictures in China. If there is such a platform, everyone can share the pictures they took. Then you can use the pictures shared by others. I think such a website will develop well in the future. If the WeChat public account has genuine photo galleries in the background, most of the picture infringement can be avoided. How to use Internet pictures without infringement
Legal analysis: How to avoid infringement of Internet pictures:
1. If it is for profit, then the copyright owner is required to reprint other people's works. Agree or pay remuneration, otherwise it will be illegal and infringement. If the other party holds you responsible, you will have to pay financial compensation.
2. If you only use it for personal use or study, general reprinting is legal.
3. Intellectual property rights refer to "the exclusive rights enjoyed by rights holders over the results of their intellectual work", which are generally only valid for a limited period of time.
Legal basis: Article 48 of the Copyright Law of the People's Republic of China. Anyone who commits the following infringement acts shall, according to the circumstances, bear civil obligations such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Responsibility; if the interests of the public are also harmed, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the case is serious, the copyright administrative department may Materials, tools, equipment, etc. mainly used to make infringing copies can also be confiscated; if a crime is constituted, criminal liability will be pursued in accordance with the law:
(1) Reproduction, distribution, performance, or screening without the permission of the copyright owner , broadcast, compile, or disseminate his or her works to the public through information networks, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings of his or her performance without the permission of the performer, or disseminating his or her performance to the public through information networks, unless otherwise provided for in this law;
(IV) ) Without the permission of the audio and video producers, copy, distribute, and disseminate to the public through information networks the audio and video products produced by them, except as otherwise provided for in this law;
(5) Play without permission Or copying radio or television, except as otherwise provided for in this law;
(6) Deliberately avoiding or destroying the rights holder's works, audio and video recordings without the permission of the copyright owner or copyright-related rights holder Technical measures taken to protect copyright or copyright-related rights in products, etc., unless otherwise provided by laws and administrative regulations;
(7) Without the permission of the copyright owner or copyright-related rights holder, Intentionally deleting or changing the electronic rights management information of works, audio and video recordings, etc., unless otherwise provided by laws and administrative regulations; Ran Ju Ran