Traditional Culture Encyclopedia - Photography major - How to Protect the Copyright of Photographs —— How can photographers protect the copyright and realize the value of their works?

How to Protect the Copyright of Photographs —— How can photographers protect the copyright and realize the value of their works?

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 Weibo/WeChat message or telephone/SMS communication, you can consider using influential public platforms 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.

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 can photographers protect the copyright of pictures and realize the value of their works? 1. How can photographers protect the copyright of pictures and realize the value of their works? People usually think that protecting the copyright of photographic works means safeguarding rights and litigation, and this understanding is relatively elementary. Copyright is a very abstract concept in theory. Only when it is combined with the market can the photographer's rights be truly reflected. Therefore, the ultimate goal of protecting photography copyright is to operate the copyright of excellent works of members of the Photography Association, which is the core of protecting photography copyright. On the one hand, copyright protection is to guide the legal use, legal authorization and genuine use of the society, and do a good job in popularizing relevant laws and regulations; On the other hand, there is a more important task, which is to establish the personal dignity of photographers in society and improve the market value of excellent photographers and excellent photographic works. We launched the limited certification of photographic works to build a brand, with the aim of helping photographers put their excellent works into the art market and improving the market value of photographers and photographic works. Our requirements for limited authentication of photographic works are relatively strict, and are bound by the laws of international photographic works and art markets. Second, the characteristics of the work 1. Works are expressions of thoughts and emotions, not thoughts and emotions themselves. 2. The work should be original. 3. Expression belongs to the category of literature, art and science. 3.( 1) The object of protection of 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. 4. The unprotected object is 1, which does not meet the substantive requirements of the work, mainly including calendar, summary table, summary table and formula 2. In order to protect the public interests of the country or society, it is not appropriate to protect laws and regulations, resolutions, decisions and orders of state organs and other documents with legislative, administrative and judicial nature and their official translations by copyright law; (II) Current News (Article 5 of the Regulations on the Implementation of the Copyright Law of People's Republic of China (PRC) stipulates that the current news in the Copyright Law and these Regulations refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media. In order to better protect his works from being used or modified by others or enterprises at will, the author of the works can also put forward copyright protection to the relevant departments in time after completing the works. After applying for copyright protection, if others use the work at will, the copyright owner can also apply for compensation according to law and ask the other party to stop the infringement.