Recently initiated by the publication's first black hole in human history photos copyright controversial topic intensified. Since the event, the topic is also concerned about copyrighted images continues to heat up, causing to major media, and the lead group on the relevant institutions. In order to better regulate the picture copyright issues, ××× also take this opportunity to copyrighted images included in the "Jian Wang 2019" special action. With the rapid development of network technology, the picture of copyright protection has also brought unprecedented impact and challenges. Indeed the right in the picture copyright, trade these two aspects is the main problem of the protection of the picture lies.
1. do the right
network under a Creative Images by source, including the original drawing and processing maps; divided according to visual effects, including dynamic and static chart diagram; divided according to the picture content, including animation and video map map; and so on. According to relevant provisions of the "Copyright Law", the work must have originality, reproducibility and legitimacy in order to have independent copyright. In general, as long as the network does not contain illegal content images, the copy can spread understanding and perception of others, you have to copy and legitimacy. Therefore, the network can picture the copyright of the key is whether the originality of its content extent required by law.
Our country in 1992 to join the "Berne Convention" lists the objects relating to the protection of copyrighted images, including art drawing, photography, drawing, design drawings, diagrams and maps. Digital manifestation of the traditional picture of the Convention and the necessity to protect China's "Copyright Law" in the subject. In addition to the standard content may be the current network of popular picture is divided into three categories: First, the network type of original animation picture. This class picture entirely of independent creation, and achieve a higher level of creativity, while being able to copy and disseminate legal and therefore constitutes "work" in the sense of copyright law, with full copyright. Second, network video capture type pictures. Stills example, is a TV drama, the network video picture taken selectively, orchestrated, or series combination in a certain way, or if its selection process itself arrangement can achieve a considerable degree of originality, constituting the new assembly works. But the original compilation of works subject to the authorization of the rights and pay a fee. Third, the network material and processing images. Such images by the original claim consent, the original image to the animation process or adding text and symbols, such that the formation of new image processing uniquely expressed, and constitute a significant difference between the basic image, constituting derivative works on the copyright law, the interpretation copyright works only in the interpretation of images and after processing, to the original copyright holder to pay, and can not prevent other people to continue working for the derivative works.
2. The transaction protection
infrastructure network Image copyright value lies in its transaction value, so transaction protection is the core of copyright protection. Strengthen copyright protection deal first we need to set up a unified collective management of copyright trading organization. In this regard, it is possible to follow the existing Music Copyright Society, Film Copyright Society, the establishment of trading pictures copyright management organization, mainly in the negotiations on behalf of the unified contracting, licensing, fees, distribution of profits, the management of works and participate in international cooperation, etc. affairs. However, this traditional copyright system based on the establishment of collective management organizations may not be able to adapt copyright to the digital network. First, the traditional copyright association is a membership organization, and not to protect the rights of people work for non-members. Therefore, we should improve the system of collective management of copyright extension, extending from the member-centric model to protect the copyright in a work center. Secondly, the traditional transaction management methods can not meet the needs of network Image copyright transactions, should establish and improve the digital copyright trading platform, such as ink by cloud service platform with digital copyright trading functions, including copyrights real-time registration is right, the whole network retrieval, electronic forensics, and advocacy services as an integrated service platform.