How do photography institutions protect the copyright of photos-how do they protect the copyright of photographic works?

Legal analysis on how to protect the copyright of photographic works: The following methods can be used to protect the copyright of photographic works, 1. Video keeps evidence. Using video to retain evidence, on the one hand, this method is low in cost and difficult to implement, on the other hand, recording sneak shots is more convincing evidence and so on.

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

Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work.

Article 12 The natural person, legal person or unincorporated organization of a signed work is the author and has corresponding rights in the work, unless there is evidence to the contrary. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.

How to protect the copyright of photographic works? First, how to protect the copyright of photographic works? 1. After you know your rights, don't rush to find the other party's theory when you encounter a sneak shot. Before the theory, you need to take screenshots/videos, and keep the evidence of stealing pictures. Due to the possibility of forgery and Ps in screenshots, it does not have strict notarization function in law. Video can be used to preserve evidence before using legal weapons. On the one hand, this method has low cost and is not difficult to realize. On the other hand, recording the act of taking candid photos is more convincing evidence. No matter whether the other party will delete pictures or texts in the future, it is difficult to refute the fact of stealing pictures. The specific method is to use high-definition camera tools (if you really don't have them, you can use your mobile phone, but try to shoot them clearly) to record the evidence of infringement, from the original domain name/address of the picture to the release time and its influence. 2. Private negotiation Before the negotiation, you should not only hold the evidence of infringement, but also prepare the evidence that can prove that it is your original work (generally referring to the original file in Raw format) and relevant copyright and legal knowledge, then contact the other party through various channels, show the purpose to the other party in the most direct way, inform the other party of the consequences, and ask the other party what to do (apology/deletion of pictures/elimination of influence/compensation, etc. There are two main reasons for the success of private negotiations. First, it has proved to be a strong evidence of your work, and second, the art of speaking is neither humble nor supercilious. People who know well about copyright law and law are more likely to succeed, at least you can suppress each other from the momentum. 3. Pressure from Weibo. If the other party fails to respond positively after trying to communicate via Weibo/WeChat message or telephone/SMS, you can consider using an influential public platform to put pressure on the other party. Generally speaking, both individuals and enterprises are very concerned about their own image. The author Weibo Aite's response is a great trick to solve the infringement, and generally 90% of the infringement can be effectively solved here. However, Weibo doesn't mess with her hair. In addition to showing evidence that you are the original author, you can also disclose the uncooperative and indifferent attitude of the other party. This is an emotional card. At the same time, Aite's object is not only the object you want to "hang up", but also the leader in charge of the other party's work unit/the big V joint organization in the same industry, which is also a necessary way to make the other party submit to the fermentation incident. 4. Legal channels If the above acts are tried and the other party is still indifferent, there is no way to pick up legal weapons, and lawyers' letters, complaints and notarized evidence can all go up. Photographers in China should protect their actual works according to their own actual conditions. After shooting, we should actively register this kind of copyright, and also watermark the photos to safeguard our actual copyright rights. When they discover the infringement, they can grasp the corresponding evidence and safeguard the copyright.

Who owns the copyright of the photos taken by the photo studio? Generally speaking, it belongs to the photographer. The copyright ownership of the photos taken by others shall be agreed by the entrusting party through the contract. If the agreement is not clear, the copyright belongs to the trustee.

However, the General Principles of the Civil Law stipulates that citizens have the right to portrait and may not use their portraits for profit without their consent.

First of all, the object of copyright protection is

The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish.

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Second, the contents of the copyright mark are as follows

1, statements such as plagiarism or copyright are not allowed, or a circle is added outside the English abbreviation C of this statement. If it's an audio-visual product, it's the letter P with a circle outside.

2. The name and abbreviation of the copyright owner.

3. Date of publication and distribution of the work. This method is widely used, because it is required by universal copyright convention, and the marking method is simple.

legal ground

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Copyright Law Article 19 The ownership of copyright in commissioned works shall be agreed upon by the client and the trustee through a contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.

Article 20 The transfer of the ownership of the original work does not change the ownership of the work, but the right to display the original works of art and photography shall be enjoyed by the original owner.

The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish.