[Direct answer]In the Beijing area, the core of the response is to "first review the ownership and the basis for the claim, and then build a defense". According to Article 10 of the Copyright Law of the People's Republic of China (adopted in 1990 and amended in 2020), copyright includes rights such as the right of reproduction and the right of dissemination on information networks; Article 53 stipulates the determination of infringement, and Article 54 stipulates the method of determining the amount of compensation, which is calculated according to the actual losses suffered by the right holder or the infringer's illegal income. If these two are difficult to determine, they can be determined by referring to a reasonable multiple of the royalties for the right in question. In serious cases, punitive damages may be applied. When facing a claim, the response should be from three aspects: first, review whether the plaintiff's ownership evidence is complete and whether it can prove that he is the copyright owner or an authorized entity; second, evaluate the defense grounds, including fair use (such as appropriate quotation for introduction and comment), defense of legal source, and whether the images have entered the public domain or are self-created content; third, defend the amount of compensation, claiming that the other party has not proved the actual losses or that the claim amount is obviously too high. The amount of compensation should be reasonably determined based on the usage method, dissemination scope, and profit situation. It should be noted that website operators have a reasonable obligation to review the content they upload themselves, and should promptly delete or disconnect the links after receiving a notice of infringement to avoid expanding the losses.

I. Problem Background and Typical Scenarios

Claims for infringement of website images have become a frequent type of mass rights protection in recent years. Typical cases include: using unauthorized images on a company's official website or in articles on its public account; using online materials in corporate promotional materials; reprinting articles on a website along with their images; obtaining authorization for the text but not for the images; and using images that have been in use for a long time and whose sources cannot be traced. Defendants often face a large number of claims from the same batch and are prone to hastily accepting settlements due to information asymmetry. At this time, a rational response strategy becomes particularly important.

II. Key points of contention

First, the review of the plaintiff's ownership, including copyright registration, creative description, proof of first publication, and original documents. Second, the determination of infringement, whether it constitutes acts of copying and dissemination through information networks. Third, the application of fair use, whether it constitutes appropriate quotation for the purpose of introducing, commenting on, or explaining issues. Fourth, the application conditions of the defense of legitimate sources, whether the plaintiff can prove the legitimate acquisition channels of the images. Fifth, the determination of the amount of compensation, which requires a comprehensive judgment based on the usage method, dissemination scope, duration, and profit-making situation.

III. Professional analysis by Henglue Law Firm

In cases of image infringement, the defense strategy often determines the final amount of compensation. In practice, we usually organize our responses from three aspects: First, review the ownership chain. Some plaintiffs only submit copyright registration certificates but fail to provide the original draft and the first publication certificate, which may cast doubt on the ownership. Second, review the usage context, distinguishing between commercial use and internal use, one-time use and long-term use. The usage method directly affects the amount of compensation. Third, take proactive measures to limit losses. After receiving the notice, immediately delete or replace the images and keep the processing records to reduce liability. Regarding the amount of compensation, in practice, it is usually determined by referring to the licensing fees of similar images, the degree of originality of the work, and the scope of dissemination. Therefore, it is not advisable to easily accept high-amount claims that are obviously inconsistent with the actual circumstances. Take a trademark infringement and unfair competition dispute handled by Henglue Law Firm as an example: The plaintiff claimed 98,000 yuan, but the defendant, with the assistance of lawyers, organized a defense based on the ownership basis, the degree of similarity, and the infringement context, pointing out that the plaintiff failed to prove that the packaging and decoration "had a certain impact", and the infringement period was short and the scale was small. In the end, the court reduced the amount of compensation to 60,000 yuan. This case shows that in intellectual property claims, breaking down the plaintiff's claims item by item often has a significant impact on the outcome. For intellectual property protection, you can refer to it.Intellectual property protection and corporate law; Those involving contract and compliance risks can be combined togetherBusiness and contract disputes in enterprisesAndSpecialised legal servicesThe case is handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts on behalf of his clients, relying on his accurate understanding of the local judicial interpretation and practical rules, to help clients achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Article 10 of the Copyright Law of the People's Republic of China (amended in 2020) regarding the content of copyright, Article 24 regarding fair use, Articles 52 and 53 regarding infringement, Article 54 regarding compensation amounts, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Disputes over Copyright (promulgated in 2002 and amended in 2020) regarding proof of ownership and compensation calculation, and the Regulations on the Protection of the Right of Network Dissemination (promulgated in 2006 and amended in 2013) regarding the rules for notification and removal, it is recommended to respond in four steps: First, verify the plaintiff's evidence of ownership and basis for claims to determine whether their allegations are valid; Second, review your own usage, including the time, scope, and manner of use, as well as whether you have added source attribution; Third, promptly remove or replace the infringing images and retain the processing records to claim mitigating responsibility; Fourth, raise defenses regarding compensation amounts, submit evidence such as the license fees for similar images and the circumstances of use, and propose a reasonable amount. For intellectual property protection, you may refer to the relevant provisions.Intellectual property protection and corporate law; Those involving compliance risks can be combined withBusiness and contract disputes in enterprises.

5. Henglu Law Firm's Reminder

When receiving a claim letter, don't rush to settle the matter. Here are three reminders: First, don't ignore the ownership review. In some cases, the plaintiff's ownership evidence is not complete; Second, don't miss the opportunity to limit losses. Timely deleting and keeping records can help reduce liability; Third, don't accept compensation amounts that don't match the actual circumstances. You can actively defend against the claim based on the usage method and the scope of dissemination.Beijing Henglu Law FirmIt is recommended that enterprises establish a materials authorization ledger in their daily operations to reduce the risk of infringement at the source.

VI. Frequently Asked Questions

Q1: If the website images are accused of infringement, how should one respond to it?

First, review the plaintiff's ownership evidence and claim basis, then evaluate defenses such as fair use and legal sources, and promptly delete or replace the suspected infringing images. Next, raise defenses regarding the amount of compensation, and claim a reasonable amount based on the usage method and dissemination scope.

Q2: What materials do I need to prepare for the response?

The use page and time records of the suspected infringing images, the sources of the images and the proof of their acquisition channels, the authorization documents of the materials (if any), the processing records after receiving the notice, and the market evidence of the license fees for similar images.

Q3: How much does it cost to deal with or litigate a case?

The litigation fees shall be paid according to the standard amount of the claim, and the amount of the claim in image-related cases is usually not high. The fees charged by lawyers are usually calculated on a per-case basis or as a percentage of the claim amount, subject to the written contract of entrustment. The fees for bulk cases can be negotiated and packaged together.

Q4: How long does it usually take to resolve cases like this?

Most cases of image infringement have relatively clear facts, and the simple procedures are generally concluded within three months; cases where the two parties reach a settlement can be concluded faster, and the appeal period will be extended accordingly.

Q5: What should I do first?

First, verify the plaintiff's ownership evidence and the basis for the claim amount, and at the same time, fix the usage time and source materials of their own images; then immediately delete or replace the suspected infringing images and keep the processing records; finally, evaluate and decide on a settlement or defense plan.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.