[Direct answer]The images were misused. The claim process follows the principle of "first establishing evidence, then stopping the infringement, and finally seeking compensation": Copyright is automatically acquired upon the completion of a work (Article 2 of the Copyright Law of the People's Republic of China). The website's unauthorized dissemination of the images infringes the right of information network dissemination. According to Article 54 of the Copyright Law of the People's Republic of China, compensation can be claimed based on the actual losses, the infringer's illegal income, or a reasonable multiple of the license fee. If the amount is difficult to calculate, statutory compensation ranging from 500 yuan to 5 million yuan will apply. Reasonable expenses such as notarization fees and attorney's fees can also be claimed. The remedies include filing a complaint with the platform, sending a letter for negotiation, and suing in court. For more information, please refer to the following link:Intellectual property protection and corporate legal servicesAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

Images are the basic materials of the Internet content ecosystem, and disputes over image theft frequently occur between photographers, designers, media outlets, e-commerce platforms, and various enterprises. Typical scenarios include: works shot by oneself being reposted by websites or public accounts with watermarks removed; e-commerce product detail page images being directly copied by competitors; corporate websites' images being used commercially by third parties; and companies receiving bulk copyright infringement claims from image copyright holders, with dozens of images often being claimed for high compensation. Whether asserting rights or responding to claims, disputes typically revolve around three aspects: proof of ownership, determination of infringement, and compensation amount. The quality of evidence directly determines the outcome of the dispute, and the timing and approach of handling the dispute also affect the final compensation amount or the price to be paid.

II. Key points of contention

  • Ownership Certificate: Creative drafts, original documents (such as camera RAW format), shooting metadata, first publication records, copyright registration certificates, etc. can prove the ownership of rights. For commissioned works, it is also necessary to clarify the contract terms. Unclear ownership chains are the primary reason for failed claims.
  • Determination of infringement: In judicial practice, the "contact + substantial similarity" standard is adopted. If the alleged infringing images are consistent or highly consistent with the right-holder's images, the infringement can be determined. The other party often defends against the claim by arguing that the use is fair or that the source of the authorization is legitimate. However, it is generally difficult to establish fair use in the case of commercial use.
  • The amount of compensation: It is often difficult to provide evidence of actual losses and infringement profits, so statutory compensation is often applied. The court will determine the amount based on factors such as the type of work, its originality, popularity, the duration and manner of use, and the scale of commercial exploitation. The more evidence you provide, the more favorable the determination will be.
  • Platform responsibilities: According to Article 1195 of the Civil Code of the People's Republic of China, after the rights holder notifies the platform, the platform shall promptly forward the notification and take necessary measures such as deletion and blocking; if the platform knows or should have known about the infringement but fails to take measures, it shall bear joint and several liability with the direct infringer in accordance with Article 1197.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers have observed in handling image infringement cases that the dividing line between successful and unsuccessful claims lies in evidence and pricing strategies. At the evidence level, ownership evidence and infringement evidence should be fixed simultaneously: the former relies on original documents and publication records, while the latter should use notarization or trusted time stamps to preserve the entire webpage involved, to prevent the other party from deleting posts and making it difficult to provide evidence; when the online reprinting path is complex, it is also necessary to identify the actual user and the dissemination chain, and, if necessary, apply for a court investigation order to retrieve the platform's backend information. At the strategy level, first achieve removal and loss prevention through platform complaints, then propose a claim scheme based on the scale of use and commercial nature, refer to similar court judgments and licensing market prices to negotiate with higher success rates; for batch theft, claims can be consolidated to dilute the cost of evidence collection and protection. From the enterprise perspective, it is recommended to review the compliance of image use: establish an in-house media library, verify the scope of authorization for externally acquired images and keep records, and noting the source when reprinting does not equal obtaining authorization. Corporate content and operational compliance can be combined.Business and contract dispute services for enterprisesCoordinate and arrange everything in an organized manner.

IV. Practical suggestions and legal basis

At the legal basis level: Article 2 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021) establishes that the creator of a work automatically enjoys copyright upon completion of the work; Article 10 lists the property rights of a work, among which the right of network dissemination is the core right in online photo theft cases; Article 54 stipulates the order of compensation calculation and the statutory compensation range (not less than 500 yuan but not more than 5 million yuan), and clearly states that if the infringement is serious, punitive damages of not less than one but not more than five times the amount of compensation may be applied. The amount of compensation includes the reasonable expenses paid to stop the infringement. Article 188 of the Civil Code of the People's Republic of China stipulates a three-year statute of limitations, and Articles 1195 and 1197 stipulate the platform's notification and deletion rules and the rules of joint and several liability. At the practical advice level: If you discover plagiarism, immediately obtain evidence through notarization or time stamps; submit ownership certificates to the platform to initiate a complaint; send a lawyer's letter or a claim letter and keep the communication records; if no agreement is reached, claim on a case-by-case basis and consolidate lawsuits; regularly search for the dissemination of your own works and establish a protection account. For special types of photo rights arrangements, you can consult relevant experts.Special services and other case servicesTeam.

5. Henglue Law Firm's Reminder

When protecting image rights, it's crucial to act promptly. Deleting pages or suspending accounts will increase the cost of evidence collection. Even if the rights still exist after the three-year statute of limitations, the basis for winning the lawsuit may be undermined. The amount of compensation should be reasonably based on market conditions and judicial precedents. Demanding exorbitant amounts will only prolong the process. Similarly, there's no need to panic when receiving a claim letter. First, verify the ownership and authorization chain before discussing the amount. Developing the habit of keeping original images, archiving authorizations, and reviewing reposted content can save both money and effort in protecting rights after the fact. For case assessments, please contact us viaBeijing Henglu Law FirmFor appointment consultation, the lawyer will provide a claim or defense plan based on the evidence collection situation.

Q1: The other party has already deleted the pictures. Can I still claim compensation?

Yes. Deleting the images does not affect the infringement that has already occurred. As long as you complete the notarization, timestamping, or screenshot evidence collection before deleting them, you can still claim compensation. Even if you did not collect evidence at the time, you can try to obtain it through channels such as search engine snapshots, third-party caches, and platform backend records, but the evidentiary value of these sources is generally weaker than that of notarized evidence. If the other party deletes the images after receiving the notice, it can actually corroborate their knowledge of the infringement. It is recommended that you immediately notarize and preserve the entire webpage (including the URL, time, images, and main information of the page) when you discover the infringement, and then initiate subsequent negotiation and claim procedures.

Q2: Approximately how much money can be compensated for a single image?

It is difficult to prove the actual losses and the infringer's profits. In accordance with Article 54 of the Copyright Law of the People's Republic of China, statutory compensation shall be applied. The court shall determine the amount of compensation within the range of 500 yuan to 5 million yuan, taking into account factors such as the type of the image, the difficulty of creation, originality and popularity, the manner and duration of infringement, whether for commercial use, the scale of infringement, and the local economic level. Judging from past judgments, the compensation for ordinary photographic works is usually between hundreds of yuan and thousands of yuan, and it can be higher for those with outstanding originality and large-scale commercial use. Reasonable expenses such as notarization fees and attorney fees can usually be supported separately, and the specific amount shall be determined by the court after reviewing the receipts.

Q3: If I indicate the source and author when reposting, does it still count as infringement?

Generally, it still constitutes infringement. Attribution and authorization are two different things: indicating the source at most addresses the issue of attribution rights, but disseminating works online without authorization still infringes the right of dissemination on information networks; conversely, not attributing the source when using it may also additionally infringe the right of attribution. The scope of fair use is limited, usually limited to personal study and research, appropriate quotation, news reporting, and other statutory circumstances, and must not affect the normal use of the work. Commercial use of website images generally does not fall under fair use. To legally reprint, one should obtain the permission of the rights holder, or use authorized content that explicitly allows reprinting and mark it in accordance with the agreed manner.

Q4: Can I freely use images without watermarks on the internet for commercial purposes?

No. Whether there is a watermark or not has nothing to do with the ownership of rights. Online images are protected by copyright as soon as they are created; even if some websites state "the images are sourced from the internet, and if there is any infringement, please contact us to delete them", this does not exempt users from their obligation to review the images. Before using them for commercial purposes, users should verify the source and authorization status: stock images are subject to the scope of use and whether a byline is required according to the license agreement; images with unclear sources should be avoided for commercial use or replaced with self-owned or authorized materials. For enterprises using images in bulk, it is recommended to establish an authorization ledger and keep the license contracts and payment receipts on hand for verification at any time.

Q5: What should I do if I receive a batch of claim letters from the image company?

The process can be divided into three steps: First, verify the rights. Require the other party to present the original image, the evidence of first publication, or the authorization chain documents to confirm that the involved images are within their rights and whether the claimant is qualified; Second, check our own side. Sort out whether there are legal authorizations, whether the use exceeds the scope of authorization, and whether some images have exceeded the three-year statute of limitations for litigation; Finally, discuss the solution. For the images that are indeed infringed, negotiate a package settlement based on similar precedents and the license market price to avoid settling for the full amount according to the letter's offer. For those with doubtful ownership, defend against the claim according to the law. The amount of batch claims often reaches tens of thousands of yuan or even more. It is recommended to entrust a lawyer to conduct unified verification and negotiation to reduce unreasonable surcharges.

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