I just searched the tea picture as a picture on the Internet and infringed!

Author:Changjiang Daily Time:2022.09.01

The Yangtze River Daily Da Wuhan Client September 1st (Reporter Geng Shanshan Correspondent Gao Yan) "Search the pictures of tea on the Internet as a picture, how can he infringe up?" On September 1, the reporter learned that in the Hongshan District Court At the trial site, the defendant was puzzled.

Company A is engaged in department store sales. The products marked on the website include dozens of tea and potatoes. In April 2022, in order to match the articles of the promotion of tea, Company A went online to search for a picture of tea as a picture.

In the month, Company A's behavior was discovered by Company B. Company B is a small and micro enterprise providing intellectual property services, and bought out the copyright of a series of photography works.

Company B believes that Company A has unauthorized use of tea pictures enjoyed on the Internet without permission. It is an infringement. It requires Company A to stop using this picture, apologize and compensate for the loss of RMB 10,000.

At the trial site, the person in charge of Company A was very excited: "We just search for a picture, not intentional infringement. Besides, there are 10,000 pictures, and we can't afford it."

After the judge's interpretation, the company A and B expressed their willingness to accept the mediation.

my country's "Copyright Law" stipulates that the intellectual achievements that are original in the fields of literature, art, and science are identified as works. The work is protected by the Copyright Law.

The copyright includes the right to spread the information network, that is, provided to the public in a watched or wireless manner, so that the public can get the right to the work at the time and place of its selection.

The undertaking judge said the tea map used by the defendant belongs to photography. Company B "buy off" the copyright of the photography work, and Company B became a licensed user. Company A used the consent of Company B and used sales to use this tea photography work without authorization, promoting drainage for the company, and infringing the right to spread the information network of Company B.

During the mediation process, Company A expressed his willingness to cooperate with the company B for a long time and legal use of the plaintiff's rich picture library resources. The judge communicated Company A in time to communicate with the agent of Company B, and Company B readily agreed.

In the end, A and B reached a mediation agreement. Company A paid a fee of 2,000 yuan to Company B. Company B authorized the tea map involved in the case to Company A and continued to use it. Essence

【Edit: Zhao Ke】

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