Traditional Culture Encyclopedia - Photography major - Do photographers have the right to release guest films?
Do photographers have the right to release guest films?
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 for unspecified people, 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 basis:
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.
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