1. Is it infringement to use other people's pictures?
It is an infringement to use other people's photos without their consent. From the nature of behavior, any unauthorized use of the copyright owner's works, whether for profit or not, is an act of copyright infringement.
Therefore, this behavior of using other people's original pictures without others' consent, whether it is used as a personal avatar on social media or as a picture when making friends, is an act of infringing the copyright of the copyright owner of the work.
Therefore, when using other people's original pictures, we should pay attention to the following points:
1. If the original creator has declared that reprinting is prohibited, it shall not be used;
2. If you don't want to use other people's original pictures for profit, you can contact the original creator by private letter, explain the purpose of use and get the consent of the original creator; If it is for profit, you need to contact the creator and pay the relevant remuneration before you can use it;
3. If the unauthorized use of other people's original pictures is not for profit, it is necessary to indicate the original information or indicate the source of reprint when using them;
If the creator wants to delete the original picture after using it, he should delete it immediately.
Second, what is the specific compensation standard for picture infringement?
If the picture is infringed, the compensation standard shall be determined according to the following factors.
1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;
First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder due to the infringement.
2. The picture infringer illegally profited;
If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.
3. When the above cannot be determined, the court will make a judgment according to the specific details.
When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties, and finally determine the compensation amount according to the actual situation.
The producer of a picture enjoys the copyright of the picture he shot, and no one may infringe the copyright of the picture copyright owner without the consent of the picture copyright owner. If the copyright of a picture is infringed, the compensation standard shall be determined in turn, first determining the actual loss of the obligee, and then determining the illegal profit of the infringer. If neither can be determined, the court will decide the specific compensation standard according to the specific situation.
Original works have always been protected by the state in our real life. After all, such original works can bring a lot of vitality to the country, and China actively supports them, so once there is infringement, it must be severely cracked down. Picture infringement includes unauthorized use without the consent of others.
Third, what are the rights of performers?
Performer's right refers to the rights that performers enjoy in performance according to law. The performer's right is enjoyed by the performer and generally belongs to the copyright owner. The so-called performers refer to actors, performance units or other people who perform literary and artistic works. It should be noted that the scope of performers not only refers to natural persons, but also includes performance units, that is, they can be legal persons or other organizations. At the same time, the performances of foreigners and stateless persons in China and the rights enjoyed by foreigners and stateless persons to their performers according to the international treaties to which China is a party are protected by China's copyright law.
The above is the relevant legal knowledge about using other people's pictures as infringement. Any unauthorized use of the copyright owner's works is an act of copyright infringement, regardless of whether it is for profit or not. This work is original. If you have any other questions, please feel free to go to Zhaofa.com for consultation, and Zhaofa.com's lawyer will answer them for you.