Legal basis: Article 24 of the Copyright Law of People's Republic of China (PRC) may use a work without permission and without payment to the copyright owner, but the author's name and the title of the work shall be indicated, which shall not affect the normal use of the work or unreasonably harm the legitimate rights and interests of the copyright owner: (1) to study, research or appreciate the use of other people's published works for individuals; (2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems; (3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news; (4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast; (5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast; (6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution; (seven) the use of published works by state organs within the reasonable scope of performing official duties; (8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc. Reproduce the works collected in this library for the purpose of displaying or saving the version; (9) Performing published works free of charge, without charging the public or paying remuneration to performers for profit; (10) Copying, painting, photographing and video recording works of art set up or displayed in public places; (eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China; (12) Provide published works to people with dyslexia in a barrier-free way that they can perceive; (thirteen) other circumstances stipulated by laws and administrative regulations. The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
Legal subjectivity of compensation standard for photo infringement;
First, the standard of compensation for commercial infringement of photos
According to Article 54 of the Copyright Law:
1. Compensation according to actual loss: compensation according to the actual loss suffered by the photo owner or the illegal income of the infringer.
2. Compensation according to the legal compensation standard: if the actual loss of the photo owner or the illegal income of the infringer is difficult to calculate, compensation can be made with reference to the photo use fee; If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the court will award compensation to 500 yuan ranging from 5 million yuan according to the circumstances of the infringement.
3. Compensation according to the standard of punitive damages: if the circumstances are serious, compensation of more than one time and less than five times the amount determined by the above method can be paid.
Second, the content of portrait right
1, exclusive right of portrait production
As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.
Portrait production exclusive rights include:
(1) Portrait owners can decide to make their own portraits or let others make their own portraits according to their own needs or the needs of others and society, and no one else can interfere;
(2) Portrait owners have the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.
When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law. Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production. As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.
2. The exclusive right to use the portrait right
Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:
(1) Natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law, public order and good customs).
(2) A natural person has the right to allow others to use his portrait and decide to get paid for it (this requires equal consultation with the user and signing a portrait use contract).
(3) Natural persons have the right to prohibit others from illegally using their portraits.
3. The right to protect the interests of portraits
Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The content is:
(1) Citizens have the right to prohibit others from making their own portraits without their permission;
(2) Citizens have the right to prohibit others from using their portraits without permission;
(3) Citizens have the right to forbid others to damage, defile, vilify or distort their portraits.
The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.
Third, compensation for infringement of portrait rights.
The loss of infringement of portrait right is generally spiritual compensation. Article 10 of the Interpretation of the Supreme Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts "The amount of compensation for mental damage is determined according to the following factors:
(1) The degree of fault of the infringer, unless otherwise provided by law;
(2) Specific circumstances such as means, occasions and behaviors of infringement;
(3) Consequences caused by the infringement;
(4) profits of the infringer;
(5) The economic ability of the infringer to take responsibility;
(6) The average living standard of the court of appeal. At present, China has established a punitive compensation system in the field of intellectual property rights, and the infringement compensation in the field of intellectual property rights is mainly compensation relief, supplemented by punitive compensation, which increases the pressure of intellectual property infringement. Therefore, if the photos are commercialized without permission, according to the infringement, the obligee can get adequate relief from actual loss compensation, statutory compensation and punitive compensation.
Legal objectivity:
Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. Article 50 of the Copyright Law of People's Republic of China (PRC) * * * If the copyright owner or copyright-related obligee has evidence to prove that others are committing or will commit acts that infringe their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to order them to stop relevant acts and property preservation before bringing a lawsuit.
How much does it cost to buy a website for picture copyright? The official regulations on the copyright fee of pictures are 300 yuan.
If you want to ask about some business information on the website, there is no specific standard. Generally, the whole station uses members, ranging from 199 to 2999 yuan.
A single kind of member, such as Photo Network, also costs 30 to 299 yuan. However, there are few free commercial pictures, and the rest generally need to buy members above 200 yuan to get the authorization of the whole website material.