Traditional Culture Encyclopedia - Photography major - How to Identify the Copyright of Zhihu —— The Copyright Ownership of Photos
How to Identify the Copyright of Zhihu —— The Copyright Ownership of Photos
legal ground
"Trial Measures for Voluntary Registration of Works" Article 8 When applying for registration of works, authors or other copyright owners shall show their identity certificates or provide certificates indicating the ownership of works (such as copies of cover and copyright pages, copies of some manuscripts, photos and samples, etc. ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right. Article 9 After a work is verified by the work registration authority, the work registration authority shall issue a work registration certificate. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.
Legal analysis on how to determine the copyright of pictures: pictures are created by citizens, and citizens who create pictures are authors, who enjoy the copyright of works. No one may use it without the permission of the obligee. Do not distort, tamper with or copy. You shouldn't sign pictures for personal fame and fortune.
Legal basis: Article 46 of the Copyright Law of People's Republic of China (PRC). No one may use it without the permission of the obligee. Do not distort, tamper with or copy. You shouldn't sign pictures for personal fame and fortune.
What is the copyright of the photo? What are the rights of personal rights in the copyright of photo works? What are the rights of publication? What is the meaning of signature right? What is the meaning of the right to modify? What is the significance of protecting the integrity of works? I sorted out the content of "copyright ownership of photos" to answer your questions.
Copyright ownership of photos
Generally belongs to the copyright owner. If it belongs to commissioned works, it shall be in accordance with the entrustment contract.
Personal rights in the copyright of picture works, also known as spiritual rights, refer to the rights that the author enjoys to his works without direct property content through personal contact. Personal rights in copyright include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works.
(1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine.
(2) The right of authorship refers to the right of the author to sign his name on the work, and to show his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or voluntarily choose not to sign his name under certain conditions.
(3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. Generally speaking, photo editors repair the scratches of the pictures submitted for review, fine-tune the color and brightness, and moderately cut the pictures for typesetting, which does not constitute an infringement of the right to modify works.
(4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc.
The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the rights mentioned above are recognized in China, but the copyright law does not stipulate another right in property rights-the right of renewal. In fact, the right of renewal is of great significance to the copyright owner of the picture.
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