Traditional Culture Encyclopedia - Photography major - Copyright Pictures-How to Calculate the Copyright Ownership of Pictures? How much is it?

Copyright Pictures-How to Calculate the Copyright Ownership of Pictures? How much is it?

Is the picture copyrighted? Who generally owns the copyright of pictures? Is the picture copyrighted? Who generally owns the copyright of pictures? Pictures are also copyrighted, and this copyright is actually the copyright stipulated by China's laws. When pictures are created, they automatically acquire copyright, which is also protected by China's laws. But many times, the picture will be further processed, and at this time, the copyright ownership of the picture may be uncertain. Is the picture copyrighted? Who generally owns the copyright of pictures? Personal rights in copyright include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works. (1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine. (2) The right of authorship refers to the author's right to sign a work, and the copyright owner shows his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or choose not to sign voluntarily under certain conditions. (3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. It is generally believed that photo editing is to repair the scratches of submitted pictures and fine-tune the color and brightness. And the need to moderately crop pictures for typesetting. Does not constitute an infringement of the right to modify the work. (4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc. The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the above rights are recognized by China's copyright law, but the copyright law does not stipulate the right to investigate another right in property rights. In fact, the right of renewal is of great significance to the copyright owner of the picture. Let's briefly introduce the renewal right. The right of recourse is one of the property rights of the copyright owner. Its basic meaning means that the copyright owner of artistic works, especially photography and art works, has the right to deduct a certain percentage from the value-added part of the property after each sale of the original works. That is to say, after the original copyrighted work is sold, if the original purchaser resells it to others and gets more money than paid at the time of purchase, the original author of the work has the right to extract a certain proportion from the value-added part of the work. No matter how many times the work is resold and who gets it, as long as the price is higher than the purchase price, the original author has the right to take part of it. The system of inheritance right was first established by France, and it is also stipulated in article 14 (3) of Berne Convention for the Protection of Literary and Artistic Works. China acceded to the Convention from 1992 to 12. So far, China's copyright law has not made any provisions on the right of renewal. With the continuous development of China's photo collection market and auction market, and the continuous internationalization of China's photo market, China should stipulate the right of photo recourse. In this process, photographers and photography agents, especially the relevant photography industry organizations and photography industry organizations, should actively make suggestions and suggestions to the country through corresponding channels, and strive to establish the right to renew their works in China as soon as possible. Article 1 1 of China's Copyright Law stipulates that copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author. Presided over by a legal person or other organization. A work created on behalf of a legal person or other organization and in the charge of the legal person or other organization shall be regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author. In addition, articles 12 to 19 of the law clearly classify and explain various situations of copyright ownership. Is the picture copyrighted? Who generally owns the copyright of pictures? We are here to answer this question for you. If you need to apply for the copyright of pictures, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.

What is the copyright of the photo? What are the rights of personal rights in the copyright of photo works? What are the rights of publication? What is the meaning of signature right? What is the meaning of the right to modify? What is the significance of protecting the integrity of works? I sorted out the content of "copyright ownership of photos" to answer your questions.

Copyright ownership of photos

Generally belongs to the copyright owner. If it belongs to commissioned works, it shall be in accordance with the entrustment contract.

Personal rights in the copyright of picture works, also known as spiritual rights, refer to the rights that the author enjoys to his works without direct property content through personal contact. Personal rights in copyright include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works.

(1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine.

(2) The right of authorship refers to the right of the author to sign his name on the work, and to show his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or voluntarily choose not to sign his name under certain conditions.

(3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. Generally speaking, photo editors repair the scratches of the pictures submitted for review, fine-tune the color and brightness, and moderately cut the pictures for typesetting, which does not constitute an infringement of the right to modify works.

(4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc.

The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the rights mentioned above are recognized in China, but the copyright law does not stipulate another right in property rights-the right of renewal. In fact, the right of renewal is of great significance to the copyright owner of the picture.

How to calculate the copyright ownership of pictures? How much is it? To judge whether a work has copyright, it is necessary to determine whether it is original, that is, it was created independently by itself, originated from itself, and reached a certain level of intellectual creation. Not all works can be protected as copyright.

For example, a picture captured casually by a camera or a pure video of a football match has no creative level at all and is not protected by copyright law.

The objects protected by patent law are inventions, utility models and designs.

A simple picture can't meet the requirements of applying for a patent. If your picture reaches the scope of copyright law protection, then, except for fair use, everything else is infringing, whether it is profitable or not.

Extended data:

There are three basic types of copyright license contracts: general license, exclusive license and exclusive license.

The so-called "general license" refers to the licensing method in which the licensor permits the licensee to use the work within the specified scope, while retaining the right to use the work within the scope and allowing others to use the work.

The so-called "exclusive license" means that the licensor permits the licensee to use the work within the prescribed scope, while retaining the right to use the work within the scope, but not allowing others to use the work.