Traditional Culture Encyclopedia - Photography major - How to determine the copyright ownership of portrait photography works

How to determine the copyright ownership of portrait photography works

Legal analysis: 1. Self-portrait The copyright of self-made portrait works belongs to the photographer himself.

2. Be in tune. The copyright of a work created in cooperation with others belongs to all parties.

3. commissioned works. If a person is entrusted to shoot, the copyright ownership of the work can be agreed by both parties in advance. If there is no agreement, then the copyright belongs to the trustee, that is, the photographer

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 11 Copyright belongs to the author, except as otherwise provided by this Law.

The natural person who creates a work is the author.

A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.

Article 14 The copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.

The copyright of a cooperative work shall be exercised through consultation by the co-authors; If no agreement can be reached through negotiation without justifiable reasons, neither party shall prevent the other party from exercising other rights except transfer, exclusive use and pledge, but the proceeds shall be distributed to all co-authors reasonably.

Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.