The ways to judge whether the picture is infringing are: (1) unauthorized use; (two) the remuneration should be paid but not paid; (3) Tampering with or copying pictures; (4) Write your name on other people's pictures. Article 19 of the Regulations for the Implementation of People's Republic of China (PRC) Copyright Law shall indicate the name of the author and the name of the work; However, unless otherwise agreed by the parties or because of the characteristics of the use of the work, it cannot be specified. Article 21 of the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC) According to the relevant provisions of the Copyright Law, the use of a published work without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably harm the legitimate interests of the copyright owner.

Legal basis:

Article 19 of the Regulations for the Implementation of People's Republic of China (PRC) Copyright Law shall indicate the name of the author and the name of the work; However, unless otherwise agreed by the parties or because of the characteristics of the use of the work, it cannot be specified. Article 21 of the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC) According to the relevant provisions of the Copyright Law, the use of a published work without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably harm the legitimate interests of the copyright owner.

How to infringe the copyright of pictures? 1. How to determine the copyright infringement of pictures?

1, publishing his works without the permission of the copyright owner;

2. Publishing a work created in cooperation with others as one's own work without the permission of the co-author;

3, did not participate in the creation, in order to seek personal fame and fortune, signed in other people's works;

4. distorting or tampering with other people's works;

5. Plagiarizing other people's works;

6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

7, the use of other people's works, should pay remuneration but did not pay;

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 in this Law;

Second, what are the ways to bear tort liability?

Article 15 of the Tort Liability Law stipulates eight main ways of assuming responsibility:

(1) Stop the infringement

Stopping infringement means that the infringed person has the right to ask the court to stop the ongoing or continuing infringement that infringes on his legitimate rights and interests, and it applies to all kinds of infringement, as long as the illegal act is ongoing or continuing;

(2) Remove obstacles

Eliminating obstruction means that the infringer eliminates the objective factual state that prevents others from exercising their rights and realizing their interests normally. This method is mainly applicable to cases where property rights, especially neighboring rights, are violated.

(3) eliminate the danger

Danger is related to the fact and state that may cause infringement damage in the future. In this state, the infringed has the right to request the court to ask the infringer to eliminate it.

(4) Return property

Returning property means that the infringer transfers the illegally possessed or managed property to the infringed. Generally speaking, it is the owner who has the right to request the return of property; At the same time, the property must still exist, and if it does not exist, it will compensate for the losses or bear other responsibilities; If the infringer transfers the property to a third party, it depends on whether the third party meets the conditions of bona fide acquisition when transferring the property. If there is, it shall not request the return of the property for the benefit of the third party and the safety of the whole transaction;

5] Restore to the original state.

Restitution is mainly applicable to the case of property damage, that is, requesting the infringer to restore the property to its original state. There are two conditions for requesting restitution: one is the possibility, that is, the damaged thing may be restored to its original state; The second is the necessity, that is, the object needs to be restored to its original state.

(6) Compensation for losses

Compensation for losses is the most common way to bear tort liability. It may be applicable not only to cases where property rights and interests are infringed, but also to cases where personal rights and interests are infringed. The range of losses includes not only positive losses, but also negative losses, and the compensation for losses is generally limited to actual losses.

(7) apologize

Apologize means that the infringer admits his mistake and apologizes to the infringed in oral or written form, which is mainly applicable to the situation of infringement of personal rights and interests;

(8) Eliminate influence and restore reputation.

Eliminating influence means that the infringer eliminates the adverse consequences to the infringed within the scope of adverse influence; Restoration of reputation means that the infringer restores the reputation of the infringed person to its undamaged state within the scope of the damage caused by it. They usually only apply to cases of infringement of personal rights and interests.

legal ground

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Copyright law of the people's Republic of China

Article 47 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:

(1) publishing his work 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 judge whether a picture infringes on business? To judge whether a picture infringes on a business, it is necessary to first judge whether it has been approved by the copyright owner. If it is not recognized by the copyright owner, it is infringement. In addition, if the picture is used as your own work after simple modification, it is also an infringement.

1. How to judge whether a picture infringes on commercial use?

To judge whether a picture is an infringing business, we need to first judge whether it has been approved by the copyright owner. In addition, it is also an infringement to determine that it is your own work after simple modification. Unauthorized use is an infringement, and it doesn't matter whether it is used for commercial purposes. However, if it is not used for commercial purposes, it will not be liable for compensation. It is the responsibility to stop the damage and apologize.

Second, what are the specific legal provisions?

Article 22 of the Copyright Law stipulates that under any of the following circumstances, a work may be used without permission and without payment to the copyright owner, but the author's name and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author 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 or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations have published works written in Chinese into national works published in China;

(12) Published works are published in Braille.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

In real life, we often use the Internet to study and work. In the network, we definitely need to browse a lot of pictures. These pictures are original works of others, and we can't use them at will unless we get the consent of the copyright owner.