Copyright Ownership of Wedding Photography —— Is the copyright of wedding photography owned by the couple or the wedding company?

Who owns the copyright of the photos taken by the studio? Legal analysis: it depends on the specific situation. Photographic works taken by the studio are protected by copyright law, but the copyright ownership of photographic works should be considered according to the specific circumstances. The photo studio takes wedding photos, which belongs to commissioned works. The ownership of photo copyright depends on whether there is a contract between the two parties. If there is no agreement, the photo copyright belongs to the studio.

Legal basis: Article 17 of the Copyright Law of People's Republic of China (PRC) is actually a photographic work commissioned by a photographer. If there is no agreement on the ownership of copyright, the copyright shall be enjoyed by the photographer as the trustee. Photographers do not enjoy the copyright of photos, and can only use photos for free within the specific purpose of commissioned creation. If the photographer uses photos beyond the specific purpose of the entrusted creation without a contract, it will constitute copyright infringement for the photographer. If there is no contract, the photographer can't use the photos at will, and the photographer who is the copyright owner can't use the photos commercially, otherwise it may constitute an infringement on the photographer's portrait right and even privacy.

When we get married, we will go to the wedding company to take wedding photos. Usually, we will agree with the wedding company how much budget, how much time to complete the wedding shooting, and how many wedding photos and gifts we want. The wedding company will hire photographers to take wedding photos for us. So the photographer belongs to the wedding company, and the photographer and the wedding company belong to an "employment relationship" (labor-capital relationship), so we belong to an "employment relationship" (contractual relationship) with the wedding company.

According to article 12, item 1 of the Copyright Law: "Except for the cases listed in the preceding article, the employee shall be the author of the work. However, if the contract stipulates that the investor is the author, such agreement shall prevail. 」

Item 2 of Article 12 of the Copyright Law: "According to the provisions of the preceding paragraph, if an employee is an author, the property right of the work shall be enjoyed by the employee or investor according to the agreement. If there is no agreement on the ownership of copyright, the copyright shall be enjoyed by the employee. 」

Item 3 of Article 12 of the Copyright Law: "If the property right of a work belongs to the laborer in accordance with the provisions of the preceding paragraph, the investor may use the work. 」

We asked the wedding company to take a wedding photo. We call it the investor, and the wedding dress company belongs to the employees. Therefore, the provisions of article 12 of copyright are very clear. Although we paid the wedding company to take weddingphoto, the copyright from the whole process to the end belongs to the employees, which seems unfair to the investors, so it is said in the proviso. If there is an agreement that the investor is the copyright owner, this proviso specifically reminds the investor that before asking the wedding company to shoot the wedding dress and negotiate the whole shooting contract, you can negotiate with the wedding company whether the copyright can be owned by the investor, so that no matter how many photos the photographer takes for you, you can get the photos back, otherwise, according to the general public's cognition, you don't know that you can make such an agreement with the wedding company. I can't get the last film back, so I have to go to the wedding company and be forced to wash it.

(Excerpted from: Overseas Wedding Forum)

References: 1 Analysis of Legal Protection of Portrait Rights in Wang Xiaopeng 2 Research on Marketing Strategy of Art Licensing Industry 3 Wang Han takes wedding photos, beware of "honey trap"

What should I pay attention to when taking wedding photos? How to take a perfect wedding photo, many newcomers will have such doubts. Newcomers just need to relax and stay in the most natural state, and leave the rest to the photographer to capture! Below, I sorted out the matters needing attention for the couple to take wedding photos. Welcome to read the reference!

What should I pay attention to when taking wedding photos?

How to judge a photographer?

I hope one or two photos can reflect the quality of this photographer, and most photographers will only show you a few satisfactory works. If you want to know only one photographer from his photos, look at five or six sets of photos he took. It depends on whether he is good at capturing the most beautiful gesture of newcomers and whether he can capture the happiest moment of newcomers. It is best to look at the same set, so that you can know whether he copied and pasted the same shape in the same position.

How to choose the right "suit"

First, make a form and write down the style you want, the number of clothes you want, the number of books you want and so on. When you go to the bridal shop for consultation, you can fill in every item, and it will be clear which one to choose in the end. I want to remind newcomers not to be greedy when choosing a suit. Beautiful sample photos may not be suitable for you. Orientals are suitable for simple Korean style, which looks good and beautiful. Too gorgeous European court suit, if it is not good-looking, in good shape and full of gas field, it will be bad.

How to make yourself more beautiful

I can't answer this question. Because the current wedding photos not only use exquisite makeup modeling, super shooting equipment, but also have a strong PS in the later stage. Basically, newcomers will shine at the sight of the finished product and exclaim: Is this still me? If you still don't think you're beautiful enough, go for plastic surgery first. It's natural for newcomers to get nervous when shooting. But be sure to remind yourself to exercise restraint, otherwise you will be nervous all the way and the photos will not look good.

Who owns the copyright of wedding photos?

Legally speaking, the copyright of wedding photos belongs to the photographer, that is to say, the work cannot be published without the photographer's permission. However, if the photo studio uses photos for business without the permission of the newcomer, hangs them in the window after enlargement, or makes them into guest albums, these are all categories that infringe on the newcomer's portrait rights. In this regard, newcomers can explain when talking about the contract.

How to pose for a wedding photo?

Except for newcomers who have a strong sense of camera and expressiveness, they will shape their own styles. Generally, newcomers follow the photographer's requirements step by step. Therefore, newcomers don't have to worry too much about posture, just take a relaxed mood on the day of shooting. If there is any place or event that makes you unforgettable, you can design a pose, practice it at home, and then tell the photographer what you want. The photographer will help you optimize your posture according to his shooting experience. In short, it is always right to communicate with photographers more.