Research On Copyright Protection Of Digital Images

With the digitization and networking of pictures and the rapid development of Internet digital technology,the problem of copyright protection of digital pictures has become increasingly prominent.For how to solve the problem from the legal level,the article starts from the three aspects of right confirmation,transaction and relief,sorts out the existing problems,and puts forward corresponding legal improvement suggestions.China ’s newly revised copyright law in 2020 has made some progress in strengthening copyright protection and improving judicial efficiency,but there are also some problems,such as speculative litigation for profit may be encouraged by the lower limit of statutory compensation.The digital image copyright problem is similar to the traditional image copyright problem in the form of infringement,but the digital image copyright problem has its own particularity in the context of the increasingly prosperous development of the Internet.Firstly,through the discussion of the typical case of black hole copyright incident,this paper leads to the relevant legal concepts and connotations of intellectual property rights,and analyzes the necessity of strengthening the copyright protection of digital images.Through the discussion and research on the legal status and infringement status of digital image copyright issues,it is found that in practice,digital image copyright disputes mainly encounter the following three challenges : First,in the aspect of digital image copyright confirmation,it is reflected in the cumbersome procedure of digital image copyright confirmation,the ambiguity of originality standards,and the identification of digital image copyright in copyright disputes does not meet the requirements of the digital age.Second,in the copyright trading market,first of all,the relationship between the commercial library and the copyright collective management organization is unclear,and secondly,the existing law is difficult to regulate the copyright abuse of the commercial library;third,in the picture copyright infringement compensation system,the specific performance of the statutory compensation system and compensatory damages and punitive damages supply competition exacerbated the disorder of the picture copyright market.The regulatory paths to solve the above problems are mainly as follows : First,it is necessary to further improve and clarify the originality standards of digital images at the legislative level.Clarify the elements of originality standards,including the principle of combining formal elements with substantive elements.In addition,it is necessary to simplify the process of copyright confirmation,provide convenient digital image copyright confirmation methods,and use big data to help digital image copyright confirmation.Second,clarify the relationship between commercial library and copyright collective management organization.For the copyright abuse of commercial library,the corresponding legal regulation suggestions are put forward.Third,determine the calculation standard of the right use rate,set the copyright registration as the prerequisite for statutory compensation,adjust the discretionary compensation standard,and make the statutory compensation system return to its due role.