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.
Legal analysis of judging the infringement of pictures;
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 judge the legal subjectivity in graphic infringement;
First, how to judge whether the picture is infringing?
If it is for profit, then reprinting other people's works requires the consent or payment of the copyright owner, otherwise it is illegal and infringing. If the other party is held accountable, it is necessary to make economic compensation. If it is only for personal use or study, it is generally legal to reprint it. Intellectual property refers to "the exclusive right enjoyed by the obligee to the intellectual labor results created by him", which is generally valid only for a limited time. All kinds of intellectual creations, such as inventions, literary and artistic works, as well as signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a person or an organization.
Using pictures from the Internet can be judged as infringement:
(a) directly use the search engine to grab pictures without famous sources or authors.
(2) Forwarding pictures that the author explicitly stated that reprinting is prohibited.
(3) Processing or using the picture for the second time without the consent of the original author.
(4) Commercializing the picture without the consent of the author.
(5) Sharing in violation of explicit sharing regulations on photo sharing websites.
Second, the tort liability
Tort liability refers to the civil legal consequences that the civil subject should bear because of the implementation of tort. Tort liability means that anyone has an obligation to others, that is, he will not infringe upon the legitimate rights and interests of others because of his own wrong (fault) behavior, otherwise it will constitute infringement and be responsible to the injured party. Infringement is basically illegal.
Third, the legal characteristics of tort liability.
(1) Tort liability is the legal consequence that civil subjects should bear if they violate the obligations stipulated by law.
Civil obligations include legal obligations and contractual obligations, and legal obligations are set by mandatory norms and prohibitive norms of law. This obligation has universal applicability to every natural person and legal person, and violation of this obligation constitutes tort liability. Contractual obligation is an obligation set between specific parties, and breach of contractual obligation constitutes the liability for breach of contract.
(2) Tort liability is based on tort.
The basis of tort liability is tort, and there is no tort liability without tort. Tort liability is the legal consequence that the actor should bear when committing tort.
Tort liability takes various forms.
In many cases, the actor or the person liable for infringement may not only compensate for the loss and return the property, but also bear non-property responsibilities such as stopping the infringement, restoring the reputation, eliminating the influence and making an apology.
When using pictures on the internet, if you use pictures for profit without reasonable use and without the prior authorization of the picture producer, it belongs to picture infringement. The above is about how to judge whether a picture is infringing. If you have questions or don't know, you can consult Zhaofa's lawyer.