著作权保护

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公众号文章使用“免费”下载的图片侵权吗?
Ren Min Wang· 2025-09-30 01:17
来源:人民法院报 经审理查明,原告某影像公司一直专注于广告视觉内容的创作、生产,并向国内外广告公司及各大 企业、媒体提供原创视觉内容。该公司发现被告某旅游公司未经授权在其微信公众号中先后使用原告享 有著作权的6张摄影图片。经查,被告某旅游公司通过网络搜索到"某图库",并从中免费下载了涉案摄 影图片,在其微信公众号发布的多篇文章中使用。原告某影像公司认为被告某旅游公司侵害其作品信息 网络传播权,遂向法院提起诉讼,要求被告停止侵权并赔偿损失。 本报讯(记者 蔡蕾 通讯员 任骊 陈彬)在自媒体时代,很多人在编辑微信公众号时习惯在网络上下 载图片用于宣传,但这些图片可以随意使用吗?近日,湖北省随县人民法院审结一起因在微信公众号发 布文章时使用未授权图片引发的侵害作品信息网络传播权纠纷案,判决被告某旅游公司立即停止使用原 告某影像公司享有著作权的作品,并向原告赔偿经济损失及合理开支共计2000元。 法院审理后认为,涉案作品系摄影作品,其内容具有独创性,属于我国著作权法所保护的作品。本 案中,根据《中华人民共和国著作权法》第十条第一款第(十二)项及《最高人民法院关于审理侵害信 息网络传播权民事纠纷案件适用法律若干问题的规 ...
日经和朝日起诉美国AI检索公司侵犯著作权
日经中文网· 2025-08-27 03:20
Core Viewpoint - Japanese news agencies Nikkei and Asahi have filed a lawsuit against the American startup Perplexity for allegedly infringing copyright by using AI to collect and utilize news articles without permission, seeking 2.2 billion yen in damages from each agency [2][5]. Group 1: Lawsuit Details - The lawsuit was filed on August 26, 2023, in the Tokyo District Court, marking a significant legal action against AI operators in Japan [2]. - Perplexity is accused of ignoring technical measures to prevent unauthorized access to Nikkei and Asahi's servers since at least June 2024, generating and providing summary articles that violate Japan's Copyright Law [4]. - The summaries provided by Perplexity contain errors and misrepresent the original articles, damaging the reputation of the news agencies and violating Japan's Unfair Competition Prevention Law [4]. Group 2: Claims and Demands - Nikkei and Asahi are demanding a court order to prohibit Perplexity from using related articles and to delete the summary content, in addition to claiming 2.2 billion yen for damages due to commercial harm [5]. - The unauthorized content includes articles from Nikkei's paid subscription service and articles provided to Yahoo News by Asahi [4]. Group 3: Industry Context - Perplexity, founded in 2022 by OpenAI engineers, has gained attention as a promising startup in the AI search field, backed by notable investors including Jeff Bezos and Nvidia [5]. - The company reportedly serves over 15 million users globally each month and collaborates with SoftBank to provide AI search services in Japan [5]. - Concerns regarding potential copyright infringement by Perplexity have been echoed by various media outlets, with ongoing litigation from Dow Jones, which owns The Wall Street Journal [5].
《三国志·战略版》《率土之滨》二审反转:游戏知识产权保护走向成熟
Cai Jing Wang· 2025-08-14 11:39
Core Viewpoint - The second-instance ruling in the copyright dispute between NetEase's "Rate of the Earth" and Lingxi Interactive's "Romance of the Three Kingdoms: Strategy Edition" reversed the first-instance decision, stating that "Romance of the Three Kingdoms: Strategy Edition" did not infringe on the copyright of "Rate of the Earth" [1][2][7] Summary by Sections Legal Ruling - The Guangzhou Intellectual Property Court ruled that the first-instance judgment was flawed, citing unclear basic facts and incorrect comparison methods, thus sending the case back for retrial [1][2] - The court emphasized that copyright law protects original expressions rather than ideas, indicating that the gameplay rules and design of "Rate of the Earth" fall under the category of ideas and systems, not copyrightable expressions [2][4][5] Game Industry Impact - The ruling signifies a maturation of legal standards regarding copyright disputes in the gaming industry, potentially influencing future cases [1][6] - The decision clarifies the "safe zone" for gameplay innovation, steering industry competition back to the realm of expression and preventing copyright abuse by dominant firms [7][8] - The case highlights a shift towards more nuanced copyright protections in the gaming sector, advocating for the separation of protections for different elements of a game, such as music, art, and text [8] Market Performance - "Romance of the Three Kingdoms: Strategy Edition" has performed strongly in the market since its launch in 2019, consistently ranking in the top 20 of sales charts, while "Rate of the Earth" remains in the top 40 [6] - Lingxi Interactive's position in the SLG market has been bolstered by the success of "Romance of the Three Kingdoms: Strategy Edition," which has attracted a large player base [6]
LABUBU降温,3D打印板块“熄火”,专家:3D打印对潮玩行业著作权保护提出新挑战
Mei Ri Jing Ji Xin Wen· 2025-06-23 06:09
Core Insights - The popularity of LABUBU has decreased after a significant restock, with prices in the secondary market dropping sharply from a peak [1][6] - The 3D printing industry is experiencing a pivotal moment, driven by the demand for DIY toys and the rapid growth of the cultural and trendy toy sector [5][6] Market Trends - LABUBU's average selling price fell from 2507.04 yuan to 1881.05 yuan in just one day, marking a nearly 25% drop, and has since decreased over 65% to 867.02 yuan [1][6] - The stock prices of companies related to 3D printing, such as Hai Zheng Sheng Cai and Jin Cheng Zi, have also seen declines, with Hai Zheng Sheng Cai dropping nearly 16% and Jin Cheng Zi falling about 10% [1][6] 3D Printing Industry Dynamics - The number of LABUBU models available on the MakerWorld platform increased from 663 to 932 in just nine days, indicating a growing interest in 3D printing among consumers [5][6] - East Wu Securities predicts that the consumer-grade 3D printer market will become a new consumer product hit, with a projected 40% year-on-year growth in 3D printing equipment production by May 2025 [5][6] Intellectual Property Concerns - The rise of 3D printed LABUBU has sparked discussions about copyright infringement, as unauthorized reproduction of LABUBU models could violate copyright laws [8][11] - Users uploading LABUBU models for others to download may face legal consequences, as this could infringe on the copyright holder's rights [11][12]
北京首起利用AI侵犯著作权刑事案件宣判
Zhong Guo Qing Nian Bao· 2025-06-18 02:34
Core Viewpoint - The case highlights the growing issue of copyright infringement through AI-generated modifications of original artworks, raising concerns among creators about the protection of their intellectual property rights [1][2][3]. Group 1: Case Details - Zhang Wei, an original illustrator, discovered her artwork was sold as puzzles without authorization, modified by AI software, leading to consumer confusion regarding authenticity [1]. - The first criminal case in Beijing involving AI-generated copyright infringement resulted in multiple defendants being sentenced to prison terms ranging from 1 year and 6 months to probation, along with fines [1][2]. - The defendants sold over 3,000 modified puzzle pieces, generating profits exceeding 270,000 yuan [1]. Group 2: Legal and Regulatory Implications - The case faced challenges due to the novelty of AI technology, with no prior criminal cases as references, highlighting the need for legal frameworks to address such high-tech crimes [2][3]. - The prosecution's investigation revealed that multiple creators, including five others, had their works infringed upon, indicating a broader issue within the industry [2]. - The court's ruling serves as a reassurance for creators, encouraging them to continue their work without fear of unauthorized use of their creations [3]. Group 3: Future Directions - The Tongzhou District Prosecutor's Office plans to enhance regulatory measures in the e-commerce sector, focusing on the integration of AI technology and copyright protection [3].
唐珺 林佳燕:人工智能生成内容著作权保护路径分析
3 6 Ke· 2025-06-18 00:07
Group 1 - The article discusses the copyright protection issues of AI-generated content, aiming to balance interests and promote the integration of cultural creativity and intelligent technology [1][2] - AI-generated content, such as articles, music, and paintings, is becoming an important part of cultural production and dissemination, posing unprecedented challenges to existing copyright laws [1][2] - The article outlines the necessity of protecting AI-generated content based on the purpose of copyright law, historical contributions, and originality standards [1][2][16] Group 2 - The definition of artificial intelligence (AI) is explored, indicating that it encompasses a range of technologies and algorithms aimed at simulating human intelligence [2][3] - AI-generated content is characterized by its ability to autonomously create outputs based on deep learning and vast datasets, distinguishing it from traditional mechanical generation [6][7] - The article emphasizes the unique features of AI-generated content, including high efficiency and unpredictability in output, which significantly enhances its application across various fields [10][13][14] Group 3 - The article highlights the ongoing academic debate regarding the originality and copyrightability of AI-generated content, with no consensus reached in the current legal framework [25][26] - Different perspectives on copyright ownership of AI-generated content are discussed, including the designer, investor, and user theories, each presenting its own rationale and challenges [31][32][34] - The necessity of establishing a legal framework for AI-generated content is underscored, as current laws do not adequately address the complexities arising from AI's role in content creation [38][39] Group 4 - A recent case in Beijing highlights the legal challenges surrounding AI-generated content, where the court recognized the creator's rights based on their artistic input despite the use of AI tools [39][41] - The ruling reflects the need for a nuanced understanding of the relationship between AI as a creative tool and the human input required for content generation [42][43] - The article argues for the importance of granting copyright protection to AI-generated content to foster creativity and innovation in the cultural sector [44][46]
“月薪5万被裁员”?网上突然冒出很多!这种情况记得举报……
Xin Lang Cai Jing· 2025-05-30 03:24
Group 1 - Recent social media accounts claiming to be laid off from "internet giants" have attracted attention, with narratives of high salaries and long tenures [1][3] - Many of these accounts use personal photos, work IDs, and bank transaction screenshots to create a facade of authenticity, but often conclude with pitches for programming courses [3][6] - Reports indicate that these accounts are not genuine experiences but rather tactics to sell courses, with images often being stolen or AI-generated without proper disclosure [8][9] Group 2 - A significant number of users have reported instances of identity theft, where their images are used without consent to promote false narratives of layoffs and compensation [9][13] - The rise of AI-generated content has made it easier for scammers to create misleading profiles and stories, prompting calls for better personal information protection and copyright awareness among internet users [13][14] - The Chinese government has initiated actions to regulate AI-generated content, requiring clear identification of such materials to combat misuse and misinformation [14][15][16]
“搬运”短视频赚钱 当心侵犯著作权
Yang Shi Wang· 2025-04-29 17:39
Core Viewpoint - The case highlights the legal implications of using AI technology for content creation, specifically regarding copyright infringement and the use of original works without permission [1][3][4]. Group 1: Company Actions - A Shanghai-based technology company developed a mini-program that allows users to create videos with "face-swapping" technology using traditional Chinese clothing [1]. - The company faced legal action from a photographer who claimed that the program used her original video content without permission [3]. - The company argued that the videos were modified through AI technology and were not identical to the original works, presenting it as a form of creativity [3]. Group 2: Legal Findings - The court found that despite the AI modifications, the new videos retained the original work's unique elements, leading to a conclusion of substantial similarity [4]. - The court ruled that the company's use of the original works for commercial gain constituted an infringement of the photographer's rights [6]. - The company complied with court recommendations by deleting the infringing videos and made commitments to operate within legal boundaries, resulting in a settlement where they compensated the photographer 7,500 yuan [6].
当“AI换脸”撞上版权铁壁
Ren Min Wang· 2025-04-23 00:53
Core Viewpoint - The case highlights the intersection of AI technology and copyright law, focusing on the unauthorized use of original video content by a company using AI face-swapping technology, raising questions about originality and copyright infringement [2][4][6]. Group 1: Case Background - A photographer discovered that her original videos were used in an AI face-swapping app called "某颜" without her permission, leading her to file a lawsuit for copyright infringement [1][2]. - The app, developed by a company, utilized AI algorithms to create face-swapped videos, which included many elements identical to the photographer's original works [2][3]. Group 2: Legal Considerations - The court recognized the photographer's original videos as protected works under copyright law due to their originality in content arrangement, camera angles, and other creative aspects [3][4]. - The defendant argued that the AI-generated videos were sufficiently different from the originals, but the court maintained that the core elements of the original works remained intact, constituting substantial similarity [3][6]. Group 3: Copyright and Commercial Use - The case raised complex legal questions regarding the commercial use of AI-generated content and the responsibilities of platforms in such scenarios [4][5]. - The company was found to have violated copyright laws by using the original works for profit without proper authorization, thus breaching the rights of the original creator [5][6]. Group 4: Platform Liability - The company attempted to invoke the "safe harbor" principle, claiming limited liability as a platform provider, but the court ruled that they failed to exercise reasonable care in monitoring the content [8][9]. - The court emphasized that platforms cannot ignore obvious copyright infringements and must take appropriate actions when notified [8][9]. Group 5: Industry Implications - The case serves as a cautionary tale for small tech companies about the importance of understanding copyright laws and the potential legal ramifications of using AI technologies [9][10]. - The court suggested that the company enhance its compliance awareness and improve its content review processes to avoid future legal issues [9][10].