Traditional Culture Encyclopedia - Photography major - What should we pay attention to in portrait right contract?

What should we pay attention to in portrait right contract?

Legal subjectivity:

Negotiator: (Party A) Negotiator: ID number: above 18) Party A conducts advertising shooting activities for the company's cultural promotion, and specially invites Party B, an employee of the company, to participate in this shooting activity as an assistant model. In order to clarify and protect the legitimate rights and interests of both parties, Party B, an activity model, voluntarily reaches the following agreement with Party A., And sign a contract * * * to abide by 1. The shooting activity, shooting time and place shall be determined by Party A and the photographer through consultation, and Party B shall voluntarily cooperate with Party A to ensure that the content of the shot works is healthy, elegant in style and truly artistic in taste, and shall not contain unhealthy content. II. Purpose and scope of use: The copyright, publishing right, distribution right and remuneration right of the shot works belong to Party A; The right to use the portrait of Party B involved in this sample belongs to Party A; Party B agrees to authorize Party A to use the portrait works as publicity materials for legal purposes such as publicity, display and exhibition, as well as outdoor advertising and TV advertising. Party B agrees to authorize the photographer of Party A to hide the five senses of the model through special forms of expression, such as silhouette and back, or to deal with them through darkroom techniques, so that the characters in the works cannot be distinguished. It is agreed that the photographer of Party A can carry out technical treatment on portrait works in post-production. III. Ownership and service life of copyright: The right to publish, use, modify and get remuneration of photographic works shall be owned by Party A within the duration and fifty years after the duration; IV. Remuneration and payment method: Party A agrees to pay Party B a one-time fee for the use of model photography and portrait rights after Party B finishes shooting; V. Liability for breach of contract: If Party B fails to cooperate with the photographer to complete the photography agreed in this agreement after the conclusion of this agreement, Party B is not entitled to remuneration; Party B's own family and social conflicts caused by shooting advertisements shall be borne by Party B himself. If Party A fails to pay Party B the right to use model photography and portrait after Party B finishes shooting, it shall bear the liability for breach of contract. Infringement with a third party caused by Party A's technical treatment of Party B's portrait works shall be borne by Party A.. VI. This Agreement is made in duplicate, which shall come into effect after being signed by both parties, with each party holding one copy. If there is any dispute, an agreement can be reached through consultation, which has the same legal effect. Agreement: (Party A) Agreement: Time: Place: Legal Objectivity:

Reasonable Use of Portrait Right in Article 12 of the Civil Code of the People's Republic of China. If the following acts are reasonably implemented, the public portrait of the Portrait Right Holder may be used within the necessary scope for personal study, art appreciation, classroom teaching or scientific research. (2) Inevitably making, using and making public the portrait of the portrait holder for the purpose of news reporting; (three) in order to perform their duties according to law, the state organs make, use and publicize the portraits of the right holders within the necessary scope; (4) Inevitably making, using and publicizing the portrait of the right holder in order to show the specific public environment; (five) other acts of making, using or publicizing the portrait of the portrait owner in order to safeguard the interests of the public or the legitimate rights and interests of the portrait owner.