Original title: Tap measures and protecting the copyright of photography in recent years, the intellectual property case involving photographic work has increased year by year.
The "violation of the information network communication rights dispute" is the key term to retrieve the Chinese referee document network, more than 40,000 judgments and more than 120,000 rulings. Then superimpose "Photography" to search for keywords to search for more than 10,000 decisions and more than 1,000 rulings. Although there are other reasons such as jurisdiction, a second trial judgment, an unplan confilion, etc., which may not be very accurate, but from these data, it can now see the proportion of the rights of photographic work information network propagation rights main rights of information networks. Higher.
In the case of photographic intellectual property cases, the plaintiff is mostly the website operator of the photography or the brokerage agent of photographic works. The photographer is mainly focused on shooting, creation, generally less willing to spend a lot of time, energy to discover infringement. Although not to say that it is active rights, therefore is relatively less based on the photographer’s plaintiff.
The focus of this type of case is how to prove that there is a rights to prove the economic loss or the profit of the defendant, further identify the amount of damages.
Take the second problem as an example, because many photographers are not because of certain interests, but they are often unable to bond their economic losses. In addition, many infringements often want to attract traffic through photographic works, but the plaintiff is difficult to proceed to have more economic benefits to the defendant. Therefore, in such cases, the primate is often not too high.
Then, how do you protect your legitimate rights? In this regard, the author believes that on the one hand, the author cannot think of how to protect when discovering the infringement, but to have a sense of protection of copyright when creating a work, and gradually preserves the relevant information to prepare for from time to time.
For example, saving the created material, original draft. Photographers posted to social accounts or websites don’t delete it easily, don’t give them freelances, but also secure the rights of photography through copyright registration, plus timestamp, and security network. On the other hand, if the work is discovered, according to the purpose of the photographer, refer to the following two processing methods: I only need to use the other party as soon as possible to delete the next shelf, I can tell the information The correspondence method requires the other party to delete, lower the infringement, etc. Or file a lawsuit directly to the court. (Sun Shengnu) (Editor-in: Lincole, Li Wei) Sharing let more people see the recommended reading.