Copyright-related Pictures —— How to Define the Infringement of Pictures? thank you

What genuine photo libraries/copyright photo libraries are there in China? Traditional galleries:

Vision china (Gai Hua +CFP brand integration) cooperated with Gettyimages of the United States to acquire Corbis, which is strong; Oriental IC, local news media editing materials, advantages, panorama, local gallery. It is also relatively qualified, and the number of pictures is also relatively large. But it seems that its copyright page has many problems and was recently sued by photographers, and the website has gone through the whole process.

Low-profit Gallery: Yi Tu. Com: Fotolia acts as an agent, but it seems that it is not exclusive and sells in general; Luo Hai: Shutterstock got bigger pictures from the community agent of Station Cool, which are divided into pictures and video materials, and the price is a bit high.

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There are many kinds of galleries, some are vectorized images, some are digitally shot pictures, some are made by computer graphics, and their application types are different, which are generally used in the advertising industry.

The gallery is also divided into many categories, including single-line graph, double-line graph, enhanced graph and so on. Every industry is different, not just advertising, but many other industries.

How to Apply for Picture Copyright The works mentioned in China's copyright law refer to intellectual achievements that are original in literature, art, science and other fields and can be reproduced in some tangible form. A work should meet the following conditions: originality, that is, the work must be produced by the author through independent conception and creation. Copyright law only protects original works. Reproducibility means that one or more works can be made by printing, copying, copying, rubbing, recording, video recording, copying, copying and so on. However, no matter what copying method is adopted and how many works are copied, the content of the works will not change.

1. How much is the copyright application?

China Copyright Protection Center Copyright Voluntary Registration Fee Standard

1, each piece of 300 yuan series works of art from the second registration 100 yuan;

2. 300 yuan, a musical work, and 200 yuan, a series of musical works. The second registration is 100 yuan per piece;

3. Architectural works 1500 yuan series works are 100 yuan per piece from the second registration.

Two. Materials to be submitted when applying for copyright registration of works:

(1) Application Form for Copyright Registration of Works;

(2) the identity certificate of the applicant;

(3) Proof of ownership of rights (this is not required for personal works);

(4) If someone else is entrusted to apply for it, the agent shall submit the power of attorney of the applicant and the identity certificate of the agent;

(5) samples of works.

Third, matters needing attention

(1) Name of work Fill in the name of the work for which copyright registration is applied (Chinese or English name can be used). The name of the work in the application shall be consistent with the name of the work appearing in other application documents of the work;

(2) The applicant for the category of works chooses according to the category of works provided in the form. The category of works selected in the application form is consistent with the category of works described in other application documents of works;

(3) The nature of the work can be original, or it can be recreated according to other people's works. If you re-create according to other people's works, please choose from the categories of adaptation, translation, assembly, annotation, arrangement, etc., and fill in the original name, copyright and other information used in the column of "Description of Works Creation".

Fourth, the legal effect of the registration certificate?

Article 1 of the Trial Measures for Voluntary Registration of Works stipulates: "In order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, these Measures are formulated."

Article 7 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes stipulates: "Papers, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. What the parties provide can be used as evidence. "

Verb (abbreviation for verb) Type of work

All kinds of works specified in Article 3 of China's Copyright Law can apply for registration. Including: written works; Oral works; Music, drama, folk art, dance and acrobatic works; Artistic and architectural works; Photographic works; Film works and works created by similar photography methods; Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams; Computer software; Other works as prescribed by laws and administrative regulations.

According to Article 4 of the Regulations for the Implementation of the Copyright Law, the meaning of the above works refers to:

(1) Written works refer to novels, poems, essays, papers and other works expressed in written form;

(2) Oral works refer to works expressed in oral language such as impromptu speeches, lectures and court debates;

(3) Musical works refer to pronouns or works without words that can be sung or played, such as songs and symphonies;

(4) Dramatic works refer to stage performances such as dramas, operas and local operas;

(5) Quyi works refer to works mainly performed in the form of rap, such as cross talk, fast prose, drums and storytelling;

(6) Dance works refer to works that express thoughts and emotions through continuous movements, postures and expressions;

(7) Acrobatic artistic works refer to acrobatics, magic, circus and other works expressed through body movements and skills;

(8) Art works refer to plane or three-dimensional plastic art works with aesthetic significance, such as painting, calligraphy and sculpture, which are composed of lines, colors or other means;

(9) Architectural works refer to works of aesthetic significance in the form of buildings or structures;

(10) Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by means of instruments;

(1 1) cinematographic works and works created by methods similar to cinematography refer to works that are shot on a certain medium, composed of a series of pictures with or without sound, and expressed by appropriate devices or spread by other means;

(12) Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principle or structure of things;

(13) Model works refer to three-dimensional works made according to the shape and structure of objects in a certain proportion for display, experiment or observation.

(For the application of intellectual property rights in Ma Zhong, please pay attention to us to learn more about the application process and cost of picture rights. )

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