According to Articles 22(1), 26-1(1) and 28 of the Copyright Act, authors have the exclusive right to reproduce their works, publicly transmit them, and adapt them into derivative works or compile them into compilation works.  With the advent of the internet, people commonly search for and download images and photographs online.  However, without properly checking the copyright owner or whether the provider has obtained the right to use the image, using pictures from the internet may result in copyright infringement.

 

In its Judgment No.: 113-Ming-Chu-Su-80, issued on June 17, 2025, the Intellectual Property and Commercial Court ("IPCC") stated that, although defendant claimed the relevant pictures were downloaded from a material website after paying a membership fee, the defense was not accepted because the defendant failed to prove the payment.  The IPCC also stated that the website claimed that its works were published by users, and that it was not capable of verifying whether the works involved copyright infringement.  Therefore, the defendant should have foreseen that the relevant pictures might involve a copyright issue.  By downloading and using them without reasonable investigation, the defendant's actions constituted copyright infringement.

 

It is common practice to download and use images or photos from internet databases.  However, before doing so, regardless of whether the user has registered or paid for access, it is essential to verify the copyright owner and whether the database has obtained the right to use such images.  Failure to do so may lead the court to determine that the user has not fulfilled their duty of care based on ordinary knowledge and experience, thus constituting copyright infringement.