1. Infringement cases are afraid of infringement and dare not use pictures or words instead (words only dare to use free commercial founder-imitation Song font). The most famous case, Ge You v E Long. Com emoticons violated the right of portrait and ruled that E Long. Com publicly issued an apology statement in its Weibo account, which can't be deleted within 72 hours within 30 days, and compensated Ge You for its economic loss of 70,000 yuan and paid 5,000 yuan for its reasonable expenditure on rights protection. (1) Copyright infringement and picture infringement disputes are cases with relatively high compensation amount and a large number of cases at present. Take the 50 judgments published by the court as an example. Most of the cases are in the course of litigation. The two sides negotiated settlement and the plaintiff withdrew the lawsuit. (1) Infringement of portrait rights Judging from the cases retrieved from China Judgment Document Network, there are many cases in which celebrities sue cosmetic medical institutions. Take the following cases as an example: (1) Font infringement. Several forms of infringement There are several common forms of new media infringement: First, the author is not indicated, the source media is not indicated, and other people's works are reproduced without authorization. This kind of behavior violates the author's right of signature and information network communication, and it is also the most serious violation of copyright. Legal provisions: Paragraph 2 of Article 10 of China's Copyright Law stipulates: "The right of authorship means the right to show the identity of the author and sign his name on the work." If the original is tampered with in the process of reprinting, it will infringe on the right of revision and protect the integrity of the work. The third paragraph of Article 10 of China's Copyright Law stipulates: "The right to modify refers to the right to modify or authorize others to modify a work; The right to protect the integrity of a work means the right to protect the work from distortion and tampering. " Two, indicate the author and source, but without the authorization of the author or the media. This kind of infringement is common, and some new media editors mistakenly believe that as long as the author and source are marked, it is equivalent to obtaining the authorization of the original author. However, the law stipulates that the reprinting of other people's written works, picture works, audio-visual products and other works must obtain the express permission of the right holder. Therefore, indicating the author and source cannot be used as a reason for exemption. Legal provisions: Article 2 of the Regulations on the Protection of Information Network Communication Rights stipulates: "The right of information network communication enjoyed by the obligee is protected by the Copyright Law and these Regulations. Unless otherwise provided by laws and administrative regulations, any organization or individual who provides other people's works, performances, audio and video products to the public through information networks shall obtain the permission of the right holder and pay remuneration. " Third, infringement of portrait rights. Publishing pictures and articles from the media without permission, using pictures containing portraits of natural persons in articles, infringing on the right of portraits of natural persons. The court held that introducing promotional activities and setting up commercial links in the form of words and pictures at the end of the article on the same page is easy for readers to continue reading promotional content and click on commercial links after reading the article. Therefore, subjectively, it has the purpose of promoting and selling its goods or services, and has obvious commercial orientation and profit-making attributes. According to the law, Article 100 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait, and their portraits shall not be used for profit without their consent. Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates that my portrait shall be used as advertisement, trademark, window decoration, etc. for profit. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights. Fourth, unauthorized extraction and integration (media jargon is called manuscript washing). To extract and integrate multiple articles into one article, it is necessary to obtain the consent of the original copyright owner and obtain authorization, and indicate the title and source of the cited works. Otherwise, it constitutes infringement. If a new work is formed through compilation with the consent and authorization of the original copyright owner, the assembler will own the copyright of the new work. Therefore, if the official WeChat account extracts and integrates the contents of other copyright owners' works without the permission of the copyright owner, it does not constitute a new compilation work, which infringes the copyright owner's right to spread information on the Internet (focus on three times: obtaining authorization). The law stipulates: "The right of assembly refers to the right to assemble a work or a piece of work into a new work through selection or arrangement." Article 14 of China's Copyright Law stipulates: "A work composed of several works, pieces of works, or materials that do not constitute a work or other materials, whose content selection or arrangement reflects originality, is a compiled work, and its copyright shall be enjoyed by the assembler, but the copyright of the original work shall not be infringed when exercising it." Tip: Copyright infringement compensation standard article plagiarism: paper media open price 100-300/ thousand-word picture infringement: at present, the average compensation is 3500-5000. Third, the explanation of several common misunderstandings is 1. There is no watermark on the picture, and there is no intentional use of the picture subjectively. After receiving the complaint, delete the infringing content. Do you still need compensation? As long as you copy a work protected by copyright law and spread it on the internet without permission, it constitutes infringement. Copyright infringement is not subjective and intentional, which is different from infringement in civil rights. So whether it is intentional or not, it is infringement. For example, some pictures on Baidu pictures are not marked with copyright, but there is still a risk of infringement. 2. Is this disclaimer valid? Many wechat official account articles have disclaimers at the end, such as: disclaimer: thank the author for his hard work. Copyright belongs to the original author. If there is any copyright problem, please leave a message to delete it. This disclaimer is useless. Neither the Copyright Law of People's Republic of China (PRC) nor the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC) has such exemption. Example: screenshot at the end of an official WeChat account article: 3. I contacted the article reprint authorization, did I get the copyright of all the contents in the article, and did it constitute infringement? Not necessarily. Some large-size articles with pictures are in cooperation with copyright companies. The owner of large-size items only has the right to use the pictures, but has no copyright. After the contact article is reproduced, only the written works are authorized, but not the picture works. For example, the picture of Daimonji belongs to a well-known copyright company. Tip: Please remember to change the picture to a copyright-free picture when contacting the article marked with the source of the picture above. See below for the copyright-free photo gallery. 4. The article of WeChat official account is not marked with the original logo. Does direct reprinting constitute infringement? Constitute infringement of copyright. The original protection logo of WeChat official account is to encourage authors to create original works, but this does not mean that only works marked with original logo are copyrighted, and works not marked with copyright are also protected by copyright. Legal provisions: Article 6 of the Regulations on the Implementation of the Copyright Law of People's Republic of China (PRC) stipulates: "Copyright comes into being from the date when the work is created." 5. What content is not protected by copyright and can be quoted directly? Article 5 of the Copyright Law of People's Republic of China (PRC) stipulates that this Law does not apply to: (1) laws and regulations, resolutions, decisions and orders of state organs and other documents with legislative, administrative and judicial nature and their official translations; (2) current affairs news; (3) calendars, general digital tables, general tables and formulas. Tip: Distinguish between current news and current news works. In fact, current affairs news is not the scope of copyright law adjustment. However, current news works created by copyright owners based on current news are protected by copyright law. Some time ago, a friend asked me about posting a news that was illegally deleted. It should be noted that "publishing and providing Internet news information services through websites, applications and content platforms should obtain an Internet news information service license." News and information articles can only be published if they obtain legal license or license number. It is illegal to rush to send a group without a license. Fourth, the best measure to prevent infringement is to buy genuine copies, but for our new media Bian Xiao, this is not generally expensive. Take pictures as an example. The average online package price of a domestic copyright company is 30 yuan/piece. Welfare: provide a batch of copyright-free pictures and instructions for use. Font description: Knock on the blackboard: Microsoft Yahei is not a font that can be commercialized for free! Free commercial fonts include: Founder Series-Founder Black, Founder Imitation Song, Founder Italic and other free commercial fonts. Check the Wikipedia list: the fonts marked with [F] in the list are all free commercial fonts. Key points: insist on originality, get authorization, and put an end to infringement! Insist on originality, get authorization and put an end to infringement! Insist on originality, get authorization and put an end to infringement! Attachment: WeChat official account's risk response to advertising review is 1. Audit subject: it must be suitable for the identity of the advertiser, and the company should provide business license and power of attorney to avoid becoming the first responsible person when there are problems in the advertisement. Example: When checking the advertisement before, it was found that the famous honey scam company stole the business license of other companies, and the business license was marked with a watermark: this annex is only used for house leasing. According to the law, if Article 56 of the Advertising Law violates the provisions of this law by publishing false advertisements, deceiving and misleading consumers, and damaging the legitimate rights and interests of consumers in purchasing goods or receiving services, advertisers shall bear civil liability according to law. If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance. 2. Qualification examination: advertisements in special industries must be carefully examined. For example, investment advertisements must have financial industry licenses, and novels need network culture business licenses. See the figure below. Pay attention to stamp to prevent ps pictures. The material of this article comes from the live sharing of the black hole operation circle. Guest: Xiao Wei.