Does the copyright of pictures belong to photographers or models? How to treat the problem of "photography copyright"

Do photographers have the right to release guest films? No right. If the photographer of the wedding photography shop uses the guest's photos for business activities without the guest's consent, it is an infringement of the guest's portrait right, and the party concerned can bring a lawsuit to the local court to safeguard their rights.

First, are the photos taken by photographers for models infringing?

It is not necessarily infringement for photographers to send pictures of models.

That depends on whether the model is a paid model. If the photographer pays her for the model, the portrait right of the model will naturally be transferred to the photographer. As long as it is not for profit, she can publish her own photos at will without infringing on her portrait rights.

1. If both the photographer and the model take photos for free, then the portrait right still belongs to the original model, and the photographer can't publish her photos without the consent of the model.

2. If the photographer is charged and the model pays the photographer the shooting fee, then the portrait right belongs to both parties, but the photographer has only limited right to use it, which means that the photographer can only use or archive these photos as samples and information pieces, but can't make them public.

3. If the photographer takes news documentary photos to an unspecified person, according to the law, as long as the photos are true, such photos will not infringe the photographer's portrait rights and can be released to the public.

Second, it infringes on the guest's portrait right.

1. Citizens have the right to portrait, and their portraits shall not be used for profit without their consent. Portrait right is the right of every citizen. This means that we have the right to copy, use or allow others to use our own portraits.

2. Specifically, this means: the right to copy refers to the exclusive right we enjoy to copy our own image through photography, painting and other arts or other means, and others shall not interfere, have the right to allow others to make their own portraits, and also have the right to prohibit others from making their own portraits illegally; The right to use portraits is the exclusive right enjoyed by natural persons on whether their portraits are allowed to be disseminated, exhibited, copied, used as advertisements or trademarks. And he has the right to allow others to use his portrait for free or paid, and also has the right to prohibit others from illegally using his portrait; Portrait right also includes the right of claim for omission, that is, when others illegally make or use the portrait of a natural person or maliciously damage, defile or vilify the portrait of a natural person, the portrait right holder has the right to request the actor to stop the illegal act and bear the corresponding civil liability.

3. Will the photographer's sending customers' photos in Weibo infringe on their privacy and portrait rights?

1。 Privacy is possible because photographers may have personal privacy when taking pictures of customers. This should be negotiated by both parties and agreed by the customer. But generally speaking, in public, the dress is reasonable and there will be no privacy problems.

2。 Portrait rights are generally used in commercial activities to be considered infringement. Editing use, editing authorization, no need to obtain portrait rights. For example, a newspaper posted a photo of Tiananmen Square in the Golden Week of November, which may contain hundreds of faces, so it is impossible to get all the portrait rights.

3。 The copyright belongs to the photographer, and the copyright and the right of signature belong to the photographer. In case of dispute, if no agreement can be reached through consultation, it can be solved through legal channels.

legal ground

：

General Principles of Civil Law of People's Republic of China (PRC)

Article 100

Citizens have the right to portrait, and their portraits shall not be used for profit without their consent.

How to treat the problem of "photography copyright"? What is copyright?

Copyright is also called copyright. According to the laws of China, copyright refers to the right of anyone to publish, sign, modify, rent, exhibit and disseminate his literary, artistic and scientific works. Of course, this also includes photographers' equal rights to the photos they take.

There are two ways to obtain copyright: automatic acquisition and registration acquisition. According to the international practice and the provisions of the copyright law, the photographer automatically owns the copyright after the work is completed. For example, when a photographer presses the camera shutter and takes a photo, he owns the copyright of the photo. Photographers can use, publish, display, sell or authorize others to use this photo. Of course, as an author, a photographer can also register this photo with the relevant national copyright authorities to prove that he owns the copyright of this photo.

This does not include a case where a photographer is shooting for a client, employed by a company, or employed by the media. At this time, their shooting is for customers or companies that employ them, and they have already been paid when shooting. This kind of shooting is just a professional behavior. In fact, it is difficult to define whether photographers still have copyright in such photos, because their shooting is a professional behavior. If a photographer wants to sell photos or use them in commercial advertisements in exchange for financial benefits, he needs to obtain the consent of his employer or customer.

Few photographers are willing to take their photos to the copyright agency for registration. First, trouble, wasting a lot of time and spending a lot of money. Secondly, only a part of the photos taken by the photographer will produce real economic benefits, and the photographer is not completely sure which photo can become a best-selling picture. Registering copyright for every photo you take actually increases the shooting cost. So, is there any other better way for photographers to prove that they have copyright in the photos they take? Yes! The best way is to take photos in RAW format. In today's digital age, a picture in RAW format can prove that it was taken by you just like the film of that year, because even if someone can copy the film, the definition of the copied film is much worse than the original, which can be seen at a glance. In today's digital age, a photo in RAW format is like a digital negative and cannot be copied. If someone wants to use your pictures, remember never to provide them with files in RAW format. As long as you have pictures in RAW format, you can prove that you have copyright on them. Because pictures in RAW format can be converted into pictures in JPG format or other formats, but pictures in other formats cannot be converted into pictures in RAW format.

What is the right to portrait?

Portraits are no strangers to people. It can take oil painting, sculpture, illustration, photography and other artistic forms. Especially in portrait photography, fashion photography, commercial advertising photography and news documentary photography, there are a large number of portraits.

Legally speaking, the right of portrait refers to the right of natural persons to copy, use and exclude others from infringing on their portraits, which is also a right of privacy.

Portrait mainly shows a person's face. People can clearly identify someone through portraits. At this time, the subject has the right to portrait, which is protected by law. Every citizen has his own portrait right, and anyone can show his portrait in a certain way. For example, in photography, the subject can fix his portrait on a carrier by taking pictures or taking selfies by others. This carrier can be photographic paper or other media. When his portrait is finished by others, the producer needs the consent of the portrait owner. If the portrait of the person is photographed without the authorization of the portrait owner, even if the portrait of the person is not displayed, published or benefited, it is also an infringement of the portrait owner. Just like many of our photographers took portraits of others in the street for their own appreciation, although it was not profitable, it also violated that person's portrait right.

Photographers may often encounter the problem of portrait rights when shooting. If they can't solve this problem well, it may cause a lot of trouble. All citizens have the right to use and transfer their portraits. When transferring it to others, the portrait owner has the right to get some remuneration or give up the right to get remuneration, and let others use his portrait for free. Whether using the right of portrait with or without compensation, the photographer should sign a formal Letter of Transfer of the Right of Portrait with the right holder of portrait. In the Transfer of Portrait Right, it should be clearly stated where the portrait of the portrait owner will appear or be used, whether the portrait owner will be paid, and the responsibility he should bear for violating the contract to avoid disputes and contradictions in the future. Do photographers also need the transfer of portrait rights when shooting leaders, politicians or stars? This is a question in many people's minds. Usually, if such photos are used in newspapers and magazines, the transfer of portrait rights is not required, but if such photos are used in commercial advertisements, the subject needs to sign the transfer of portrait rights.

For a commercial photographer, it is necessary to sign a portrait right transfer book with the model, otherwise the photos taken by the photographer with characters will lack commercial value. They can only be used in newspapers, magazines and some media, but not in commercial advertisements.

This photo was taken in an art school in Hefei, Anhui Province, for the purpose of making material for a local brochure. There is no doubt that the photographer owns the copyright of the photo, but the photographer is not authorized by the portrait right of the model, so it is difficult to use it in commercial advertisements.

What is property right?

This may be a new word for photographers. The so-called property right is actually composed of the words "property right" and "property right". Generally speaking, in Chinese mainland, we call the ownership of movable property and immovable property "real right", while in Britain and America, it is generally called "real right", so there is not much difference between them in essence.

When we understand what property rights are, we can well understand the transfer of property rights required by photographers in the picture library. In fact, this is the same as the transfer of portrait rights. If there are clearly identifiable objects, buildings, etc. In the photos taken by the photographer, the photographer needs to provide the transfer letter signed by the property owner, otherwise such photos can not be rented to customers for advertising as commercial photos, that is to say, such photos lose their commercial value.

Many buildings are protected by property law, such as the Eiffel Tower in Paris, France. The Eiffel Tower you took during the day can be advertised, but the pictures you took at night are not allowed to be advertised. Therefore, it is best for photographers to obtain property rights authorization when shooting buildings.

Although many photographers know that people's photos are easier to use than other kinds of photos, they still don't want to take pictures of people because they think people should sign a transfer of portrait rights when shooting. However, with the improvement of the law, photographing buildings also requires authorization of property rights, unless the photos are not used for commercial purposes. In our country, the property law is not very clear, while in foreign countries, the pictures provided by some photographers will be rejected by the photo library because of the appearance of the building. Usually, in many countries, when the building age exceeds 100 years, photographers do not need property rights authorization when shooting.

This photo was taken in a villa area in the suburb of Detroit, USA. Originally, this is a good commercial picture, but this is a private villa and belongs to personal property. Pictures can't be advertised without the authorization of the owner's property rights.

Is this picture nice? Unfortunately, it can't be used in advertising, because its real right belongs to the state. So, usually after you take this photo, you can put it in the photo gallery, but it must be in RM mode, and the photo gallery will tell the customer that this photo has no property rights. If they want to use it, they need to negotiate and get authorization themselves, otherwise legal disputes will arise. Modern architecture as shown in the above picture can only be used for editing purposes in some foreign photo libraries at present.

Everyone knows the National Grand Theatre in the picture above. However, although the photographer can make it beautiful and can be used as a commercial picture, if you don't get the authorization of property rights, it will lose its commercial value. Of course, some customers will take risks to use it for advertising, but with the improvement of national laws, such things will become less and less.

(Excerpted from: Chen Xiaobo's Turn Your Photos into Money: Revealing Photography in Commercial Photo Gallery)

People have the right to portrait and many buildings have property rights, so the question is, do animals have copyright?

Black-crowned macaques take selfies and set off a copyright war.

August 20 14, The Huffington Post reported the copyright dispute between Wikipedia and British wildlife photographer David Slater, which was very interesting. 20 1 1 year, David Slater went to Indonesia to take photos of black-crowned macaques. When he set up the camera, a black-crowned macaque suddenly rushed over and picked up the camera to take a selfie. After Slater developed the photo, he found that the macaque was photographed very well and his expression was very interesting, so he posted the photo on the Internet. Soon, photos began to spread wildly on the Internet.

Black-crowned macaque selfie.

Finally, this photo was included in Wikipedia's Wikipedia resource network. This website is dedicated to storing pictures of the fields shared with * * *, and anyone can use these pictures for free. After the photographer found out, he immediately asked Wiki to delete the picture and claimed that he owned the copyright of this photo. If Wiki wants to publish his photos, he should pay the copyright fee first.

Wiki simply rejected Slater's request. Wiki's reason is interesting, but it also makes sense: "From a technical point of view, this photo was taken by the black-crowned macaque himself. Slater has no copyright on this photo. "

Catherine Maher, a spokesperson for Wikipedia, also issued a statement saying: "After careful consideration and research, we believe that the macaques in the photos are also not protected by copyright. No one owns the copyright of this photo. Therefore, we classify this photo as a public domain and anyone can use it for free. "

"According to American law, copyright cannot be owned by non-humans. Therefore, in this incident, although the macaque is the photo author, it has no copyright. After that, the person who prints, processes and modifies the photo only owns the copyright of the modified part, but not the photo itself. "

In this case, the copyright owner should be a macaque. But according to the law, the copyright owner must be human, so no one has the copyright of this photo in law.

What acts constitute copyright infringement?

Publishing his works without the permission of the copyright owner;

Publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

Did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

Distorting or tampering with other people's works;

Plagiarizing other people's works;

Failing to pay remuneration for the use of another person's work;

Using the layout design of books and periodicals published by publishers without the permission of publishers;

Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through the information network without the permission of the copyright owner, except as otherwise provided in this Law;

Publishing books with exclusive publishing rights enjoyed by others;

Making or selling works signed by others.

Jia Pingwa Portrait Copyright Case Photographer Won

Photographer Zhao took a close-up photo of Jia Pingwa. Jia Pingwa used the above portrait photo of Jia Pingwa on the cover and spine, and did not sign the photographer or pay Zhao. Zhao sued Jia Pingwa for this.

Photographer Zhao took a close-up photo of Jia Pingwa, which was used in the book Selected Long Prose of Jia Pingwa published by Shaanxi People's Publishing House in 2003. August 20 12, Lijiang publishing house published eight books, including "Shaanxi Opera" and "Abandoned Capital". The above portrait of Jia Pingwa was used on the cover and spine, and the photographer was not signed and Zhao was not paid.

According to the regulations for the implementation of the Copyright Law, photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by means of instruments. Portrait photography is a kind of work that takes the portrait right of a specific person as the object, records the image of that person through his own conception and creation, and enjoys copyright. In this case, Jia Pingwa entrusted photographer Zhao to take photos for himself. According to Article 17 of the Copyright Law, the ownership of commissioned works is agreed by the client and the trustee through the contract; If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee. Jia Pingwa and the photographer can agree on the ownership of copyright through the contract. If there is no agreement or the agreement is unclear, the copyright belongs to the trustee, that is, photographer Zhao.

As the client of portrait right, whether Jia Pingwa can use his photos for profit without the consent of copyright owner Zhao is the focus of Jia Pingwa's responsibility in this case. However, at present, there is no clear stipulation in our country's laws, and it is only involved in the reply of the National Copyright Administration on the copyright of studio photos, but this reply is not the same kind of case as this case. Judging from the judgment of Shaanxi High Court, between the copyright of photographic works and the photographer's portrait right, it is more inclined to protect the portrait right.

The late nanny photographer, all rights reserved.

VIVIANMAIER, a nanny photographer who has made a splash in recent years, and a folk photographer who only attracted the attention of the whole world after his death have also fallen into a copyright dispute. To be exact, the works she left us have caused great copyright disputes, and the final result of this dispute is likely to directly lead to VIVIANMAIER's works no longer appearing in our field of vision.

Vivian Mayer (February 1 day to April 2 1 day, 2009)

I've only photographed streets all my life. However, until her death, she was just a little-known amateur photographer. She has been a nanny in Chicago for more than 40 years. She shot more than 654.38 million negatives in her life, and many of her works were not developed before her death. It was not until her death on April 265.438+0, 2009 that these undeveloped negatives were bought back by a young man named JohnMaloof. After some negatives were developed, JohnMaloof found that VivianMaier's legacy contained a large number of precious photos of Chicago streets in the 1950s and 1970s, which were developed for Chicago and even the United States.

JohnMaloof is not a senior photographer. When Vivian took photos in 2007, he knew little about street photography. In 2009, he set up a blog and posted some photos on it. In the following years, John visited Vivian's former employer's house and collected many things besides photos, including newspapers she collected before her death, tapes, notebooks, cameras, clothes and so on, which recorded her conversations with the respondents. John turned his house into a photo developing room. He scanned Vivian's negatives into the computer and selected some for printing. He rebuilt his personal website and posted Vivian's photos and personal information on it. The website attracted many people to browse, and then attracted a lot of attention from Chicago media. He himself was defined as "a man who struggled for vivian maier's position in the history of photography".

As VIVIANMAIER's works become more and more famous, more and more people begin to pay attention to the copyright issues of these works. As a result, JOHNMALOOF, who later occupied most of the collection and was one of the buyers of the year, only found a cousin who was closest to VIVIANMAIER and paid him to buy the copyright of these works, which calmed down the incident.

The world is full of wonders, and the dispute over copyright has always been a sharp topic. Respect other people's creative achievements, after all, it's not easy to take pictures, it's not easy to defend rights, it's ok and cherish ~

Whether the right to use the photo belongs to the photographer or the model, belongs to the model and his company, and a portrait use contract needs to be signed.

Baidu library has samples, which are extracted as follows:

The first party

(

Model or theme

)

：

party B

(

camera operator

)

：

Party A and Party B have reached the following agreement on the use of photo P negative or photos with Party A's portrait:

1. Party A allows Party B to provide the following information

year

moon

Rizai

Photos taken with Party A's portrait P negatives or photos are permanent.

right of use

(

It is suggested to attach a portrait photography sample to the agreement.

)

Second,

Party B is selling.

When there is a photo P negative or a photo with a portrait of Party A,

Party A agrees to use the original works for commercial purposes.

Party B shall not or authorize a third party to take photos P negative or photos with Party A's portrait.

Change it to libel, obscenity, indecency or any immoral pictures.

Three. Party A permits Party B to grant and allow Party B to use the P film or photo with Party A's portrait taken this time.

Use and publish in various media.

4. Party B shall protect Party A's privacy right, and shall not disclose Party A's relevant information at will without Party B's consent.

Five,

Party A agrees with Party B and the people and units representing Party B's interests,

While in custody,

When making or using this lens,

No longer bear legal responsibility for the right to portrait and use.

Six,

Party B can

Or authorize a third party to send pictures with Party A's portrait.

p

Photographic base plate

Or photos.

Proper use of words

Or other descriptive language, and then use the modified work for the purposes permitted by law, such as publishing, news, advertising, etc.

Party A will not impose restrictions and get extra remuneration.

Portrait right use contract

Self-image right use authorization agreement

Contract number:

Portrait Authorized Party (hereinafter referred to as Party A)

：

Name:

_________

Gender:

_____

Age:

____

Occupation:

：

________________

Contact address:

_______________________________

Contact information (telephone)

：

_________

Portrait user (hereinafter referred to as Party B)

：

Name:

_________

Gender:

_____

Age:

____

Occupation:

：

________________

Contact address:

_______________________________

Contact information (telephone)

：

_________

According to the relevant provisions of the Advertising Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC), in order to clarify the portrait,

The obligations and rights of the user and licensor reached the following agreement through friendly negotiation (namely, portrait use authorization agreement).

Same)

：

1. As the owner of portrait rights, Party A voluntarily gives his own portrait rights (when and where to shoot what works, how many or how many).

Party B is granted limited right to use.

(Use the form and quantity of portraits)

Second, the form of use is limited to (magazine cover, online communication, book publishing, exhibition, outdoor or book advertising, etc.). )

Wait a minute. )

; The distribution scope is limited to domestic (or provincial, municipal, county), or international, a country, etc. ); Portrait media and its communication mode

Wai)

Third, the life of portrait painting is from

year

moon

day by day

year

moon

Day (that is, from the official appearance in the above media to the last one.

Period or more than a period of media)

Four. Party A and Party B agree that Party B will use Party A's portrait in the form, scope and time of the first, second and third items mentioned above.

Party B shall pay Party A cash RMB (in words:

) Yuan (including tax)

Verb (abbreviation of verb) change of portrait authorization:

In the process of using the portrait, when the portrait user needs to use it in other media (other than the media agreed in this contract), he must take it in advance.

Get the consent of the portrait authorizer; During the use of the portrait, if the portrait licensor needs to authorize the other party, it must obtain the consent in advance.

The consent of the portrait user (refers to the portrait works taken in the first item of this contract)

6. Party B promises to abide by the Advertising Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC).

Shall not damage the legitimate rights and interests enjoyed by Party A. If Party B violates the provisions of this contract, it will bear the liability for breach of contract (in the contract).

Agreed liability for breach of contract)

7. Any dispute arising from the interpretation or performance of this Agreement between Party A and Party B shall be arbitrated by the contract arbitration institution or brought to a people's court.

Litigation (settlement can also be agreed in the contract)

Eight. Matters not covered in this agreement shall be regarded as a supplementary agreement to this agreement after both parties reach an agreement through consultation.

Nine. This agreement shall come into effect as of the date of signature by both parties. This agreement is made in duplicate, one for each party.

X. this agreement is signed on

year

moon

Sign in at (somewhere).

Authorized person of portrait (signature or seal)

Portrait user (signature or seal)