[Direct answer]The amount of compensation shall be determined in accordance with the legal order. According to the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), the compensation for infringement of copyright shall be determined based on the actual losses of the right holder or the illegal gains of the infringer; where it is difficult to determine, it may be referred to a reasonable multiple of the right usage fee; where it is still difficult to determine, statutory compensation shall apply, and the court shall determine the compensation according to the circumstances of the infringement, ranging from no less than 500 yuan to no more than 5 million yuan. In practice, the compensation for photographic works often refers to factors such as the normal authorization fees of similar works, the manner and scope of infringement use, the duration and commercial impact. The right holder needs to prove the ownership and infringement facts, such as the original film of the work, the time of shooting and first publication, screenshots of infringement use, and notarization materials; the alleged infringer can defend against it from the perspectives of authorization sources, scope of use, and fair use. Therefore, preserving the original film and publication records in advance is the key to protecting rights.

1. Problem background and typical scenarios

It's very common for photography works to be used without permission by online platforms, merchants, and self-media accounts. Typical scenarios include: e-commerce stores using product or scene photos taken by others; public account articles using unauthorized images; companies using works from outside the image library in their promotional brochures; and images being reposted after the watermarks have been removed. When rights holders file claims after discovering the infringement, there are often significant disputes over the amount of compensation between the two parties. When handling such cases in Beijing, the court will review the evidence of ownership, the circumstances of infringement, and the basis for damages, and determine the compensation in accordance with the statutory order.

II. Key points of contention

First, how to prove ownership and the role of the original footage and the release records. Second, how to establish the fact of infringement and the necessity of notarization and time stamps. Third, the order of compensation calculation and applicable conditions. Fourth, the defense space for fair use and licensed use. Fifth, platform responsibilities and rules for notifying and deleting content. Sixth, handling bulk rights protection and repeated use cases.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case of trademark infringement and unfair competition: The plaintiff was a well-known paper company, and its trademark constituted a well-known trademark in the relevant category. A company, authorized by an outsider, used a similar logo to produce and sell similar products and sold them through e-commerce platforms. The plaintiff claimed 980,000 yuan in compensation. The firm's lawyers represented the defendant and argued that the logo was legally authorized and not similar, that the packaging and decoration did not constitute unfair competition, and that the high compensation claim lacked basis. The court partially accepted the lawyers' arguments, finding trademark infringement but rejecting the claim of unfair competition because the plaintiff failed to prove that the packaging and decoration had a certain impact. Considering the short infringement period and small scale, the court awarded 50,000 yuan in economic damages and 10,000 yuan in reasonable expenses, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the plaintiff's claim of 980,000 yuan. This case shows that in intellectual property cases, the determination of infringement and the amount of compensation must be proven separately. The amount of compensation must be supported by actual losses, illegal gains, or royalty standards. High compensation claims lacking basis are difficult to gain support. The same applies to the protection of photographic works. Rights holders should focus on establishing ownership and loss evidence, while the alleged infringers can defend themselves by proving authorization and scope of use.

IV. Practical Suggestions and Legal Basis

Action list: First, preserve the original shooting files, shooting information, and first publication records to prove ownership and creation time; Second, fix the infringing pages and usage through screenshots, notarization, or trusted timestamps; Third, statistically analyze the scope and duration of infringement, and collect the licensing fees of similar works as a reference for losses; Fourth, send a written notice to the user and, if necessary, notify the platform to remove the content; Fifth, if no agreement is reached, promptly file a lawsuit and claim reasonable protection costs. For intellectual property protection and corporate compliance, you can refer to the relevant guidelines.Intellectual property protection and corporate law; For disputes involving platforms and commercial transactions, the two sides may resolve them through negotiation or mediation.Business and contract disputes in enterprisesColumn. Legal basis: The provisions of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021) regarding the ownership of copyright, infringement liability, and compensation amounts. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, ownership evidence is a prerequisite for protecting rights, and the original video and release records must be preserved. Secondly, evidence of infringement should be fixed as soon as possible to avoid the page being deleted. Thirdly, the amount of compensation must be based on evidence, and it's difficult to obtain support for high claims alone. Fourthly, the platform can handle the matter according to the rules on deleting content upon notification, and it's advisable to make good use of this mechanism. If you are currently facing similar problems, you can seek help through the following channels:Intellectual property protection and corporate lawWe can provide a comprehensive solution for services, which can be combined with commercial disputes if necessary.Business and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: How much compensation can I get if my photos are used without authorization?

It depends on the specific circumstances. The compensation shall be determined based on the actual losses of the right holder or the infringer's illegal gains; if it is difficult to determine, the reasonable multiple of the right usage fee may be referenced; if it is still difficult to determine, the statutory compensation shall be applied, and the court shall determine it at its discretion within a range of not less than 500 yuan but not more than 5 million yuan. In practice, the authorization fees of similar works and the scope and duration of infringing use are often referenced. Therefore, the more sufficient the evidence is, the more support the compensation will have.

Q2: How can I prove that the photo is mine?

It is recommended to save the original shooting files and their metadata, the shooting time and device information, and to retain the first publication records and the data of the publishing platform. The voluntary registration certificate of the work and the timestamped publication page can also be used as supporting evidence. For works shot on behalf of others or in the course of one's duties, the commission contract or labor contract should be kept, which clearly stipulates the ownership of the copyright to avoid disputes over ownership.

Q3: Do we need to send a notice first?

It is recommended to send a notice first. Send a written notice to the user, requiring them to stop using the content, delete it, and negotiate compensation. This can fix the facts of infringement and the subjective state of the infringer. At the same time, you can request the platform to remove the content according to its notification deletion rules. If the negotiation fails, you can file a lawsuit. Keeping the notification and the other party's response records will help you claim compensation and defend your rights in the future.

Q4: Does the platform need to bear responsibility?

It depends on the circumstances. If the online service provider fails to take necessary measures in a timely manner after receiving a valid notification from the rights holder, it may bear joint and several liability for the expanded damage; if it knows or should have known about the infringement but fails to deal with it, it may also bear corresponding liability. The rights holder shall submit evidence of ownership and infringement in accordance with the platform rules, and the platform shall take measures such as deletion and blocking after verification in accordance with the law.

Q5: Does the compensation include attorney's fees?

You can claim reasonable legal defense costs. The right holder may request compensation for the reasonable expenses paid to stop the infringement, including attorney's fees, notarization fees, and investigation and evidence collection fees, but must provide corresponding receipts and contracts and prove their reasonableness. The court will usually support reasonable legal defense costs based on the complexity of the case and the necessity of protecting rights, as appropriate.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.