Traditional Culture Encyclopedia - Photography major - Seventeen lectures on commercial photography

Seventeen lectures on commercial photography

If used as a teaching material, it does not constitute infringement.

(1) Infringement of moral rights

The personal right of a work is a kind of non-property right that the author enjoys according to the law based on the work, which is usually called spiritual right. It mainly includes the right to publish, the right to sign, the right to modify and the right to protect the integrity of the work.

(1) Infringement of the right of publication

Publishing one's own works without the permission of the copyright owner and publishing others' works without authorization generally has thousands of objective conditions, that is, mastering the original works. Some people illegally obtained the original work by means of theft, fraud and extortion. Some people get the original by legal means such as buying, asking for and accepting gifts. But mastering the original and becoming the owner of the original does not mean owning the copyright of the work. Article 17 of the Regulations for the Implementation of the Copyright Law stipulates: "Article 18 of the Copyright Law stipulates that the transfer of the original ownership of an artistic work is not regarded as the transfer of the copyright of the work, and is applicable to any work in which the original ownership may be transferred. If the legal owner of the original work is not the copyright owner, the permission of the copyright owner must be obtained to publish the work. "

(2) Infringement of the right of signature

One is the act of not participating in creation and signing others' works for personal fame and fortune. If you use another person's work, you should indicate the author's name, unless the author does not sign it. Some people are using other people's works, such as quoting, commenting, reprinting and editing other people's works. Although they stated that the works they used were the works of others to some extent, they did not specify or clearly indicate the author's name.

The second is the act of publishing a work in cooperation with others as a work of one's own creation without the permission of the co-author. Some co-authors deliberately publish cooperative works as their own works without the consent of other co-authors. Some co-authors publish cooperative works as their own works, because they think that this work was originally created by themselves. Its co-authors provided "help" rather than creation. However, publishing a cooperative work in its own name with the consent of other users does not constitute infringement.

Third, the act of manufacturing and selling fake works of art. This is the problem of "impersonation" in copyright. The right of authorship means that others are not allowed to develop and distribute works in their own name. "Impersonation" is an act of infringement, and the act of selling counterfeit works of art is also an act of infringement on signature.

(3) Infringement of the right to protect the integrity of a work.

That is, works that infringe on the author's independent conception and his own performance habits. When some people use other people's works, such as publishing, adapting, performing and quoting other people's works, they change the content and expression of the works by changing, deleting, adding and reorganizing, but it does not mean that the works have been modified at the same time.

(2) Infringement of economic rights

The property right of a work, also known as economic right, is the right of the copyright owner to use or authorize others to use the work in a certain way to obtain material benefits. The property rights of works mainly include the right of reproduction, distribution and use. Broadcasting rights and other rights. This is the premise of realizing its extensive copyright function.

(1) copyright infringement

There are generally three kinds of copying in copyright law: the first kind of copying is copying without changing the original carrier or changing the carrier but not changing its embodiment. For example, written works and musical works are printed and published by hand-copying, carbon copying, mimeograph and offset printing. The second kind of replication is from vector-free replication to vector-based replication. Mainly for several works and live performances, the reproduction method is mainly recording. The third is the copy from plane to stereo (or stereo to plane). Mainly used in the production of art works, architectural design drawings and photographic works. Infringement of the right to copy can be summarized as: copying to a work without the permission of the copyright owner constitutes infringement of the right to copy. In any of the following cases, unauthorized copying constitutes an infringement of the right to copy.

(2) Infringement of the right to remuneration

Whoever uses another person's work without paying remuneration in accordance with the regulations infringes upon the copyright owner's right to remuneration. The licensed user of a work shall generally pay remuneration to the copyright owner, unless it is expressly stipulated in the license contract that the user does not pay remuneration.

(3) Infringement of the right to display

The right to exhibit, also known as the right to exhibit, mainly refers to the economic rights enjoyed by art works and photographic works, and refers to the right to publicly display the originals or copies of art works and photographic works. He, including the author or other copyright owner, enjoys the right to control the work in three situations: in exhibitions, in other public places, in movies or television. Any unauthorized exhibition against the will of the copyright owner is an infringement of the right to exhibition.

(4) Infringement of broadcasting rights

Broadcasting right mainly means that the author or other copyright owner of a work has the right to allow or prohibit the dissemination of related works through broadcasting and other forms. However, according to the copyright law, the copyright owner has no right to prevent other radio stations and television stations from broadcasting his works, nor can he prohibit others from publicly broadcasting radio and television programs containing his works through loudspeakers, video screens or other similar technical means.