[Direct answer]In the Beijing area, product images are protected by copyright (as photographic works), and unauthorized use constitutes infringement. The three-step process is as follows: 1. **Collect evidence**: Take screenshots of the infringing page and obtain notarization or timestamp proof (links may be deleted at any time, so securing evidence is the first step, not the last). Gather proof of ownership (original RAW files, shooting contracts, and first publication records). 2. **File a complaint with the platform**: Taobao, JD.com, and Pinduoduo all have intellectual property complaint channels. Clear ownership proof often leads to quick removal of infringing images with low costs and high success rates. 3. **Send a legal notice and pursue litigation**: Send a lawyer's letter demanding removal and compensation for damages (calculated based on the infringer's sales and your lost conversions). Lawsuits can also include claims of unfair competition (e.g., copying entire product detail pages and main images). The cost of protecting your rights is far lower than the losses incurred. Don’t hesitate to take action!
1. Problem background and typical scenarios
The product details and scene photos that cost tens of thousands of yuan to shoot are copied verbatim by competitors, and their prices are even lower. Sellers choose to remain silent in the face of "slow complaints and expensive litigation" — in reality, image theft is one of the least costly and highest-success rate types of intellectual property protection.
II. Key points of contention
Firstly, the proof of ownership of the images and the preservation of the creative process. Secondly, the operation and effectiveness of platform complaints. Thirdly, the calculation path of compensation. Fourthly, the aggravating circumstances of malicious image theft.
III. Professional analysis by Henglue Lawyers
The first layer concerns the foundational aspects of ownership: Copyright automatically arises upon creation, but when enforcing rights, one must prove "I am the author" — original RAW files (including shooting parameters and timestamps), contracts with the shooting team (stipulating copyright ownership), and records of first-time publication (e.g., WeChat Official Accounts, store listing dates). Daily practices include timestamping or blockchain-certifying each set of images (costing a few to tens of yuan), which buys proactive rights protection at a 10-minute cost. For commissioned designs, if no ownership is specified in the contract, the commissioned party retains ownership by default — a common pitfall for sellers who fail to secure ownership rights. Contracts must explicitly assign copyright to the commissioning party. The second layer involves practical platform complaints: - Channels: Submit ownership evidence (original images + timestamps) and infringement comparisons via each e-commerce platform's intellectual property protection platform. - Effectiveness: For clear ownership claims, removal typically takes 3-7 working days. Repeated complaints may lead to store suspension. - Tips: Main images are easier to verify than product pages. Submit complaints individually for each infringing link. - Counterclaims of "selfmade photos": Require the infringer to submit original files; if they cannot provide RAW files or shooting parameters, the claim fails. Cross-platform copying (selling on Platform A after stealing from Platform B) is also actionable, as platforms share enforcement mechanisms. The third layer outlines compensation calculations: - Actual losses: Sales during infringement multiplied by normal conversion rates and profits (industry data + backend metrics). - Statutory damages: Courts typically set between 500 yuan and 5 million yuan, with longer-term infringement leading to higher awards. - Legal costs: Demand that the infringer bear all litigation expenses. - Evidence bundles: Sales screenshots (monthly sales multiplied by duration), timestamps of infringement duration, and loss evidence (comparing conversion rates during the same period). The fourth layer addresses malicious scenarios: - Full-set plagiarism: Copying entire sets of main images and product pages triggers unfair competition lawsuits (using identical or similar logos/packaging of competing products). - Counterfeit brand elements: Treat store name/logo plagiarism as trademark infringement. - "Plagiarism + low-price diversion": Parallel complaints and litigation: first platform removal to stem losses, then legal action for compensation. - Prevention systems: Add invisible watermarks to main images (retain display quality while traceable), conduct regular web-wide monitoring (search for product images to trace back), and register important original designs for copyright (low-cost/fast-processed certificates provide strongest ownership proof).
IV. Practical suggestions and legal basis
The first step is to immediately notarize or timestamp the evidence of the other party's page if you discover that your images have been stolen; the second step is to organize the RAW files and creative evidence to complete the proof of ownership; the third step is to file a complaint on the platform to remove the infringing content and claim compensation simultaneously; the fourth step is to sue for compensation if the losses can be calculated or the malice is obvious, and to combine the entire set of infringements with claims of unfair competition. The main legal basis: Articles 10, 53, and 54 of the Copyright Law of the People's Republic of China, Article 6 of the Anti-Unfair Competition Law, and relevant provisions of the E-commerce Law; the specific application shall be subject to the currently effective regulations.
5. Henglu Law Firm's Reminder
Three key points for protecting against image theft: Copyright automatically arises, but ownership must be documented; adding a timestamp to RAW files is a standard practice; platforms will remove the content within three days after receiving a complaint, and legal action is always the best way to stop the infringement; compensation is calculated based on the loss in sales, with additional penalties for systematic plagiarism and unfair competition. Those involved in protecting against image theft can seek help through the following channels:Intellectual property protection and corporate lawYou will receive a comprehensive solution for your services, which can be integrated with e-commerce operation compliance.Business and contract disputes in enterprisesFor reference, you can check the layout of trademarks in the following sectionsSpecial servicesFor any questions regarding difficult situations, please feel free to consult us through this columnSpecial services and other casesColumn.
VI. Frequently Asked Questions
Q1: What if the other person says they've also taken a photo of the same item?
Comparing the original file with the release time, the RAW parameters and the first release records are conclusive evidence; it's hard to deny the fact that the highly similar content was released later.
Q2: What should I do if the other party replaces the images after I file a complaint?
Continuously monitor successive complaints, and use the record of repeated infringements as evidence of malicious intent and punitive damages in litigation.
Q3: Does adding watermarks affect sales?
The main image can be marked with a watermark in the corner and an invisible digital watermark, which not only enhances the visual effect but also facilitates traceability; on the details page, the watermark density can be increased.
Q4: Is it necessary to register for copyright?
It is recommended to register the core product drawings, which has low cost and a registration period of one to two months. The registration certificate ensures no disputes over ownership in the process of complaints and litigation.
Q5: How long will the lawsuit take?
For simple copyright cases, fast-track or summary procedures are applied, and the cases are concluded within three to six months; if the evidence is solid, the first-instance judgment can be final and binding.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 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.