legal ground
Article 48 of the Copyright Law of People's Republic of China (PRC) has one of the following infringements, and 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; (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; (3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law, etc.
Legal analysis on how to calculate the infringement of picture copyright: the standard for determining the infringement of picture copyright is to publish pictures without the permission of the copyright owner, publish pictures created in cooperation with others as their own without the permission of the co-author, distort and tamper with other people's works, plagiarize other people's works, and use other people's works without paying, all of which are suspected of copyright infringement.
Legal basis: Article 47 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (1) publishing his works without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights and interests.
How to define picture infringement? Thanks to some special signs or patterns in the pattern, it is infringement to simply adjust the color and tone.
According to Article 46 of the Copyright Law of People's Republic of China (PRC), no one may use it without the permission of the obligee. Do not distort, tamper with or copy. You shouldn't sign pictures for personal fame and fortune. Otherwise, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the situation.
Extended data:
The harm of infringement
In China's copyright law, the laws related to image copyright are very sound, and it is very easy to obtain piracy evidence. In the infringement lawsuits in recent years, almost all owners of genuine pictures have won the lawsuit. At present, some enterprises do not attach importance to the copyright of pictures and use pirated pictures in advertising, which has the following effects:
1, tort compensation
Generally, it is more than 10 times of the sales price. Other compensation standards include compensation according to the benefits created by pirated pictures. In this case, the amount of compensation may be as high as several hundred thousand yuan.
2. Loss of pre-publicity expenses
Enterprises spend millions of dollars on advertisements. If all advertisements have to be removed because of lawsuits caused by pirated pictures, the impact will not only be the compensation for pictures.
3. Corporate reputation
Piracy litigation will have a great impact on the integrity brand of an enterprise.
References:
-Copyright infringement