How to determine the copyright infringement of photographic works

Regarding how to determine the Copyright infringement of photographic works, let’s take a look with the editor of Legal Savior Network. I hope to be helpful.

1. How to determine the copyright infringement of photographic works?

The following circumstances exist , are all infringements of the copyright of photographic works:

(1) Publishing the work without the permission of the copyright owner;

(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone;

( 3) Not participating in the creation, but signing others’ works in order to seek personal fame and fortune;

(4) Distorting or tampering with other people’s works;

(5) Plagiarizing other people's works;

(6) Exhibiting or filming without the permission of the copyright owner Films and the use of works in a manner similar to filmmaking, or the use of works in adaptation, translation, annotation, etc., except as otherwise provided for in this law;

( 7) For using other people’s works, remuneration should be paid but has not been paid; The copyright holder of software, audio and video products or the copyright-related rights holder permits the rental of his or her works or audio and video products, unless otherwise provided for in this law;

(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher; Live broadcast or publicly transmit their live performances, or record their performances;

(11) Other acts that infringe on copyright and copyright-related rights and interests.

2. How to sue for copyright infringement disputes in photographic works?

1. Be prepared for civil litigation pleadings.

2. Bring a lawsuit to the people's court with jurisdiction and submit relevant evidence materials.

3. Attend and participate in litigation activities on time according to the notice of the People's Court.

4. If you are dissatisfied with the judgment or ruling of the first instance, you should file a complaint with the people's court of the original instance or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling. The court appealed and a writ of appeal was filed.

3. What are the litigation materials for disputes over copyright infringement of photographic works?

1. Civil indictment.

2. Copies of main evidence materials

3. 1 copy of the plaintiff’s ID card And provide original documents for inspection at the same time. If the legal (designated) agent sues on his behalf, he should submit a copy of his ID card and a copy of the documents proving his relationship with the plaintiff; he should also provide the original documents for inspection. If you do not have an ID card, please provide other identification materials.

4. If you entrust another person to litigate, you must also submit a clearly authorized power of attorney and a copy of the trustee's ID card, and provide the originals for inspection. .

5. If you entrust a lawyer to litigate, you must also submit a clearly authorized power of attorney, a certificate of acceptance by the law firm, a letter and a copy of the lawyer's certificate. .

Photographic works automatically enjoy copyright if they are original and legal. However, the determination of copyright infringement of photographic works cannot be generalized and must be based on the specific infringement behavior. analyze. If the copyright of a photographic work is infringed, you can negotiate with the other party first. If the other party refuses to bear infringement liability, you can file a lawsuit in court.

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