Less than a month has passed since Double 11, and the number of infringement complaints on major e-commerce platforms has shown a rapid growth trend, with a year-on-year increase of up to 37%. In these infringement complaints, the five core images on the product detail page - main image, scene image, detail image, comparison image, and size image - have become the "hardest hit areas". The seemingly ordinary image layout actually hides a "minefield" of 7 rights. Sellers may face serious risks such as product removal, fines and compensation, and even store closure if they are not careful.

1、 High incidence areas of infringement in 5 images

1. Main image: AI model hides portrait rights trap

In the pursuit of cost reduction and efficiency improvement, many sellers use AI models to create main images. As a result, some merchants have been complained by consumers about false advertising due to the appearance of six fingers on their hands, while others have been sued by a certain internet celebrity for infringing on their portrait rights due to the "facial features highly similar to those of the celebrity" in the image. Merchants not only face the pressure of legal action, but may also suffer huge economic losses as a result.

Lawyer's reminder: If an AI image can associate ordinary people with a specific natural person, and the merchant has not obtained authorization from that natural person, then such use constitutes infringement. So when using AI model images, sellers should not only focus on their appearance and cost, but also carefully examine whether they have features similar to specific natural persons to avoid infringement.

2. Scene image: Background elements bury copyright "landmines"

A certain store used a professional photography company's women's clothing scene for the sake of convenience, but was sued for compensation by the professional photography company.

Lawyers remind that even original illustrations and prop designs in scene backgrounds, as long as they demonstrate originality, are protected by the Copyright Law. The unauthorized use of these protected works by merchants violates the right of information network dissemination. Therefore, when using scene images, sellers should not only focus on the overall effect of the image, but also carefully examine whether the background elements have copyright, in order to avoid losing big for small things.

3. Detail image: Pattern logo touching the red line of trademark rights

A certain shoe store received complaints about the decoration patterns displayed in the product detail pictures, which were highly similar to the registered trademark of a well-known brand. As a result, they were unable to participate in the "Double 11" sales event.

Lawyer's reminder: The protection scope of trademark rights is not limited to logos, unique patterns, packaging designs, etc. are all within the protection scope. When making detailed drawings, sellers should carefully review the patterns and logos involved to ensure that they do not infringe on the trademark rights of others.

4. Comparison chart: False advertising touches the bottom line of advertising law

In order to highlight the advantages of their own products, some merchants maliciously modify and vilify the images of their competitors, or use absolute terms such as "the best in the entire network" and "the best in the industry". Not only does it infringe on the copyright of competitors, but it also violates the provisions of the Advertising Law.

5. Size chart: Font material embroiled in copyright dispute

If the seller uses unauthorized paid fonts (such as Fangzheng and Hanyi series) when creating size charts, it may infringe on font copyright.

Lawyer's reminder: As an important component of the cultural and creative industry, fonts are protected by copyright law. Sellers should ensure that they have obtained legal authorization when using fonts and avoid using unauthorized paid fonts.

2、 A picture leads to 7 rights

1. Copyright: covers multiple rights, and any unauthorized use or editing of images may result in infringement

Copyright covers multiple rights such as the right to reproduce images themselves and the right to disseminate information through networks. Unauthorized use of others' images by sellers, or editing, synthesizing, and other operations on images, may constitute infringement. For example, some sellers may have infringed upon the original author's copyright by making simple modifications to the images in order to make them more aesthetically pleasing.

2. Portrait rights: Unauthorized use of multiple images is illegal

The protection scope of portrait rights not only includes the portrait of real models, but also other forms with directionality or recognizability, such as backs, cartoon images, AI realistic images, etc. If the seller does not obtain the corresponding authorization when using these images, it is considered an illegal act. For example, using AI generated realistic images as product promotional images, if the image can associate ordinary people with specific natural persons and the seller is not authorized, they may be sued for infringement of portrait rights.

3. Trademark rights: The appearance of someone else's logo in the picture can easily lead to complaints

The protection of trademark rights is not limited to logos, and the appearance of other people's registered trademarks, similar marks, etc. in images can easily trigger complaints. Sellers should carefully review whether the product images contain other people's trademark elements to avoid infringement due to negligence. For example, using logos similar to well-known brands in product detail images may result in infringement complaints from the brand.

4. Right to reputation: Malicious defamation of competitors in the comparison image constitutes infringement

In the comparison chart, if the seller maliciously defames competitors, it may constitute reputation infringement. This behavior not only damages the reputation of competitors, but also affects one's own business reputation.

5. Privacy: Disclosing information in detailed images shall be subject to responsibility

If the model's private parts, consumer information, etc. are accidentally leaked in the detailed image, the seller shall bear corresponding infringement liability. Protecting personal privacy is a fundamental requirement of the law, and sellers must ensure that no personal privacy information is disclosed when creating and using product images.

6. Neighboring right: Using someone else's photos, even if labeled as "real shot", still infringes on the right

Neighboring rights refer to rights related to copyright, including performer rights, audio and video producer rights, broadcasting organization rights, etc. Sellers using product images taken by others, even if labeled as "real photos", may still infringe on the photographer's neighboring rights. Because photographers have corresponding rights to their photographs, unauthorized use of others' photographic works constitutes infringement.

7. Personal Information Rights: AI Generated Images Drawing on Human Data May Infringe Rights

With the continuous development of AI technology, AI generated graphs have been widely used in the e-commerce field. However, if AI generates graphs that draw on real human data for training, it may infringe on personal information rights. For example, some AI generated facial images may be trained by collecting large amounts of real human facial data, which may involve illegal collection and use of personal information, thereby infringing on personal information rights.

3、 Double 11 Avoidance Guide

1. Source control: 3 legitimate image sources

Self directed shooting: Sellers can choose to take product pictures independently, which can ensure the originality and legality of the pictures. During the filming process, original materials and behind the scenes footage should be retained as proof of copyright. To prove the source and ownership of the image.

Authorized procurement: When purchasing images, it is necessary to keep authorization certificates and payment records to prove that you have obtained legal usage authorization. Picture libraries usually provide detailed authorization instructions, specifying the scope and duration of image usage. Sellers must strictly follow the authorization requirements when using images.

Entrusted creation: Sign a copyright transfer agreement with a photography studio, specifying "unrestricted commercial use". Through commissioned creation, sellers can obtain product images with unique styles while ensuring that the copyright of the images belongs to themselves. When signing an agreement, carefully review the terms of the agreement, clarify the rights and obligations of both parties, and avoid copyright disputes in the future.

2. Detail review: 5 required checklists

When using AI images, it is important to ensure that the images are labeled with the source and that there are no realistic images that resemble specific natural persons.

Carefully review whether the background elements, fonts, and patterns used in the image have obtained legal authorization. Some so-called 'free materials' may have copyright issues.

When creating comparative images, it is important to ensure that the content of the images is truthful and objective, without using absolute language or malicious editing.

If using a real model to take pictures, make sure that the model has signed a portrait rights usage agreement. The use of a child's portrait requires the consent of the guardian.

When dealing with trademark or patent elements in images, it is important to ensure that they have obtained legal authorization or make reasonable concessions to avoid infringement disputes.

Compliance is the 'wealth symbol' of Double 11

The battle for traffic during the Double 11 shopping festival has begun, and compliance is always a prerequisite. Sellers should quickly compare the 5 images on the self inspection details page of this article and carefully investigate potential infringement risks. Only by ensuring the compliance of the images can we achieve sales growth and brand enhancement during the shopping carnival of Double 11.