Traditional Culture Encyclopedia - Photography major - Ownership of photos of people taken by photographers.
Ownership of photos of people taken by photographers.
How to determine the ownership of copyright and portrait right of portrait photography works
1, selfie. The copyright of self-made portrait works belongs to the photographer himself.
2. Co-shooting. 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 Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. The portrait right of portrait photography works naturally belongs to the photographer.
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.
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