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On the copyright of the supreme law

Previously, the first black hole photo of mankind was released, which attracted the attention of all walks of life. But also because this photo has caused a controversy, Vision China's official website updated the black hole photo, and required that if the black hole is used as a business, it needs to seek its consent, otherwise it will be regarded as infringement. The move has aroused strong public dissatisfaction and condemnation, and China has repeatedly apologized.

The event horizon telescope cooperation provides the first black hole photo

On April 22, at the press conference of the Supreme People's court's 2019 intellectual property publicity week, in response to the media's questions about the copyright of black hole photos, Lin Guanghai, vice president of the third people's Court of the Supreme People's court, said that the intellectual property rights should be strictly protected, but the illegal acts of fabricating copyright and making profits from photos that do not enjoy copyright should not be protected, and those with serious circumstances should be punished according to law With punishment.

The ownership of a photo can not be determined only by using the watermark as the signature of the photo author

Lin Guanghai said that the protection of the rights of photo works is an old problem in the trial of copyright cases. Because there are many links in the authorization of some photos, the proof of ownership is more complex.

On the legal issue of safeguarding the rights of photo works, Lin Guanghai said that the Supreme People's court held that the principle of the rule of law should be adhered to, and those that should be protected should be firmly protected, while those that should not be protected should not be protected. We should adhere to strict protection of intellectual property rights, but we should resolutely not protect the illegal acts of making profits by making up copyright of photos that do not enjoy copyright. If the circumstances are serious, we should punish them according to law.

It should be emphasized that the acquisition and exercise of copyright belong to the civil legal relationship and should follow the provisions of the copyright law; the market operation behavior and operation mode related to copyright also involve the administrative legal relationship and should follow the relevant market supervision and administrative system. The Supreme People's court is also concerned that the relevant administrative departments have interviewed Vision China and ordered it to make comprehensive rectification.

Lin Guanghai said that the evidence of the ownership of photo works should be strictly examined, and the examination should be conducted in strict accordance with the copyright law, the implementation regulations and the relevant judicial interpretations of the Supreme People's court.

We should strictly examine the time when a photo work is first published

It is necessary to strictly examine the time of the first public publication of a photo work, and not only the modifiable time evidence marked by the parties themselves as the basis for judging the time of publication. We can't just use watermark as the signature of the photo author to identify the ownership of rights, so as to prevent one sidedness and simplification.

On the issue of the amount of compensation for infringement of photo works, Lin Guanghai said that solving the problem of low amount of compensation for infringement of intellectual property rights is a common and strong voice of the people, and the trial of copyright cases is no exception.

The compensation amount of photo works should be based on the market value, and the market value should be determined by reference to the normal market license fees of the works involved. When the normal market license fee cannot be determined, the approximate market value should be taken as reference.

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