Check whether a picture is copyrighted through the IP website. The principles for judging copyright infringement are as follows:

In judicial practice, the common principles for determining copyright infringement are:

1, dichotomy of thought and expression

Exclude the creativity of a work from the scope of protection of copyright law. This is the basic requirement of the principle of copyright law. Article 9, paragraph 2, of the Berne Convention clearly stipulates that copyright protection extends to expression, but does not include ideas, processes, operating methods or digital concepts themselves. 1998 China copyright bureau 10/8, the draft amendment to the copyright law (hereinafter referred to as the draft) has also been added to article 5. The copyright law protects expression, but does not protect ideas, concepts, discoveries, principles, methods, forms and processes.

Thought and expression can be clearly distinguished in general works, but in computer software works, the boundaries are not clear.

In addition, even if it belongs to the expression of ideas, it belongs to the public domain, and if it is a unique expression, it is not protected.

2. The principle of connection and similarity

After the separation of thought and expression, public domain and private domain, if two works are the same or similar, we can judge whether it constitutes plagiarism by whether the authors of the two works are connected or whether the works are connected.

If the works of the obligee and the defendant are the same or similar, and the defendant cannot provide the creation process to prove that it was independently created without imitation, the infringement is established. It can be seen that the burden of proof here is reversed, that is, the author of the accused work proves that he has not touched the plaintiff's work, otherwise he can be presumed to have contacted it.

When judging whether two works are the same or similar, there is a so-called substantive part, that is, the accused works imitate the substantive part of the obligee's works. However, there are still different opinions on what is the essential part of a work and how to judge it. This needs to be further explored in judicial practice.

Second, what are the constitutive elements of copyright infringement?

From the constitutive requirements of tort, it should be analyzed from two aspects: "fault" and "no fault" When applying the principle of presumption of fault, its constitution must have four elements of illegality: (infringement), damage fact, causality and fault. As far as the tort based on the principle of no-fault liability is concerned, fault is no longer a constituent element of this kind of tort because whether people are at fault or not is not considered.

1, illegal. The act that causes factual damage must be illegal, and the actor shall be liable for compensation. Otherwise, even if there are damage facts, the actor cannot be held liable for compensation. No matter whether the activities carried out by the actor infringe the interests of the copyright owner, no matter whether the activities carried out by the actor pose a major threat to the interests of the copyright owner, they will inevitably harm the interests of the copyright owner in the future, which constitutes an act of copyright infringement.

2. Damage the facts. Usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner, and there is no clear reason for responsibility, the infringer shall bear legal responsibility. However, if the infringer commits an infringement and does not cause actual damage to the copyright owner, should he bear the tort liability? If someone illegally copies a large number of his works without the permission of the copyright owner, but does not branch them, is this an act of copyright infringement? Another example is that a publisher publishes without the permission of the author, but pays the author. These are all acts of infringement, because they have neither the permission of the author nor the permission of the law. The infringer exercises the rights that should have been controlled by the copyright owner, or hinders the exercise of the copyright owner's rights.

Our country can only protect original works, and the protection here is mainly copyright protection. If it is a simple picture constructed by yourself and has its own unique ideas, then you can apply for copyright protection and enjoy the corresponding copyright.

How to judge whether a picture is copyrighted To judge whether a picture is copyrighted, it is necessary to judge whether the creator is original in this work. The work must be the intellectual achievement created by the author, not copied and plagiarized by others. If the picture belongs to the author's own creation and is original, it can be regarded as copyright.

First, how to determine whether the picture is copyrighted?

To determine whether a picture has copyright needs to judge whether it is original or not. The work must be the intellectual achievement created by the author, not the plagiarism of others. Creation is a kind of mental work and intellectual activity, which can directly produce literary, artistic and scientific works. The originality of works in copyright law is different from that in patent law. Creativity in patent law requires novelty and even originality. The originality of works in copyright law, as long as they are created by themselves, is the intellectual achievement of expressing their thoughts and feelings. Even if the level of works is lower than that of similar works that have already appeared, as long as they are created by themselves, they should be considered original.

How to obtain copyright:

"Derivative acquisition" refers to the situation that the acquisition of rights is based on the derivative acquisition of others' existing rights. Copyright obtained through derivation is a part of copyright, that is, it only involves the property rights in copyright, unless it is clearly stipulated by law. Derivative acquisition of copyright mainly includes the following specific situations:

(1), protocol acquisition.

(2) Obtained through inheritance.

(3) Obtained according to law.

Second, how much should be paid for trademark infringement?

According to the Trademark Law of People's Republic of China (PRC), the amount of compensation for trademark infringement refers to the interests gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.

If the interests of the infringer mentioned in the preceding paragraph are difficult to determine, or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The law stipulates the calculation method for determining the amount of compensation for trademark infringers. If it is difficult to determine the amount of compensation by legal calculation method, the people's court will award compensation of less than 500,000 yuan. However, the law does not give the victim the initiative to calculate the amount of tort compensation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Infringement Civil Disputes makes up for this deficiency. The Interpretation stipulates: "When the people's court determines the infringer's liability for compensation according to the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee."

When calculating the amount of infringement compensation, the infringer should not only calculate the loss of trademark infringement, but also calculate the reasonable expenses paid by the infringer for investigation, evidence collection, consultation, mediation and litigation. Stop the infringement, and the fees paid for hiring a lawyer because of the lawsuit.

Of course, after the infringer has made the compensation calculation method and calculated the compensation amount according to law, the people's court must comprehensively consider the nature, period, consequences, reputation of the trademark, licensing fees and other factors of the specific infringement before making a final judgment.

In real life, there may be some people who often surf the Internet and browse some pictures, but these pictures are probably copied by others. In this case, it is a problem of infringing the copyright owned by others, so this kind of behavior must be cracked down. How to judge whether we have copyright mainly depends on whether it meets the requirements of copyright protection.

How to check whether the picture is infringing? Brand model: Xiaomi 12SPro

System version: MIUI 13.0. 13.

Software version: copyright owner 5. 1.8

To check whether the picture is infringing, you can click on the picture detection of the copyright house app to query. The specific operation is as follows:

Click on the copyright house app to inquire.

1, click detect.

Click Monitor on the homepage of Copyright House app.

2. Click to monitor

Click on the monitoring interface to monitor.

3, click on the image monitoring.

Click Image Detection in the monitoring interface, and click Monitoring to inquire whether there is infringement.

legal ground

Copyright law of the people's Republic of China

Article 48 Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Computer Network Copyright Disputes.

Article 10 If the amount of loss of the infringed party cannot be determined, the court may, upon the application of the infringed party, determine the amount of compensation within the range of 500,000 yuan to 300,000 yuan from 500 yuan.