Law

Foreign works are not "free materials" and unauthorized use is subject to responsibility

2026-05-20   

Many new media operators have a lucky mentality of "using foreign literary and artistic works without anyone holding them accountable", and freely repost and use foreign graphic and textual materials, unaware that such behavior may also lead to disputes. Recently, the People's Court of Qianhai Cooperation Zone in Shenzhen, Guangdong Province, concluded a foreign-related copyright infringement dispute case. According to relevant regulations, the involved technology company was ordered to cease infringement, compensate for economic losses and reasonable expenses totaling 5000 yuan. The judgment has now come into effect. Mr. M, a photographer from a certain country, has been deeply involved in photography creation for many years, with footprints in dozens of countries, and has created more than 500 photographic works focusing on the lifestyle of women in various places. After being publicly released on overseas social media, this series of works has gained widespread attention and has high artistic value and dissemination influence. In 2022, Mr. M exclusively granted the exclusive information network dissemination rights of this series of works in China to a media company in Shanghai, and authorized the company to protect its rights and undertake infringement compensation in its own name. In 2023, the media company found that a technology company in Shenzhen used 56 photos involved in the case without authorization in its commercial WeChat official account tweets. The tweets involved in the case are aimed at content diversion, enhancing platform influence, and obtaining indirect commercial benefits. The operator did not fulfill their duty to carefully review the copyright ownership of the materials, and is suspected of infringing on legitimate copyright. Therefore, a certain technology company has been sued to the court, requesting that the other party cease infringement and assume compensation liability. The court found that both China and a certain country are members of the Bern Convention for the Protection of Literary and Artistic Works. According to relevant provisions of China's Copyright Law, works created by nationals of member states of the convention are protected by China's Copyright Law in accordance with the law. Based on the ownership evidence submitted by the plaintiff, such as publication records on overseas social media platforms and publicly published image collections, and in the absence of evidence to the contrary, the court has lawfully confirmed that Mr. M is the copyright owner of 49 of the works involved in the case. The plaintiff is authorized by law and has the qualifications to be the subject of a rights protection lawsuit. The remaining 7 works were not recognized due to insufficient evidence of ownership. The court held that the defendant, as the operating subject of the commercial WeChat official account, used the photographic works involved in the case for tweeting without permission and payment of the obligee, failed to fulfill the reasonable obligation of copyright review, had subjective faults, objectively infringed the plaintiff's right to proprietary information network communication, and should bear civil liability for stopping the infringement and compensating for losses according to law. Considering that neither party can provide evidence to prove the actual losses and illegal gains, the court, taking into account factors such as the fame of the work, the infringing usage scenario, the scope of dissemination, the defendant's subjective fault, the nature of the business, and the plaintiff's reasonable cost of rights protection, has determined the total compensation amount to be 5000 yuan at its discretion. The judge stated that the Bern Convention for the Protection of Literary and Artistic Works is the core international convention for global copyright protection. According to the "principle of national treatment" of the convention, works of nationals of all member states, whether publicly published or not, can enjoy equal copyright protection within the territory of each member state. In practice, some new media operators mistakenly believe that protecting the rights of overseas works is difficult and the probability of accountability is low, and they arbitrarily repost and use overseas graphic, audio, and video materials, which has serious compliance loopholes. The judge reminds that intellectual property rights both domestically and internationally are equally protected by law, and a mentality of taking chances is not advisable. All types of content platforms and new media operators need to firmly establish copyright compliance awareness, establish and improve content ownership review mechanisms, and resolutely refuse to use materials with unclear sources and authorizations. Commercial entities need to fulfill higher standards of prudence and attention, verify the ownership of materials in advance, obtain authorization in accordance with the law, and avoid infringement risks from the source. Respecting and protecting intellectual property rights is not only a legal responsibility, but also an important cornerstone for the standardized and healthy development of the new media industry. (Looking into the New Era)

Edit:Shenchen Responsible editor:Chenjie

Source:legaldaily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links