Traditional Culture Encyclopedia - Photography major - Photography copyright-what is photography copyright?

Photography copyright-what is photography copyright?

Legal analysis of who owns the copyright of photographic works: the copyright of photographic works should belong to the author, but sometimes people may be photographed, and then the issue of portrait rights will be involved. It is recommended to consult the parties before use. According to the relevant laws and regulations, the copyright of film works and works created by similar film production methods shall be enjoyed by producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and the right to receive remuneration according to the contracts signed with producers.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 11 Copyright belongs to the author, except as otherwise provided by this Law. The natural person who creates a work is the author. A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.

Article 17 The copyright of films and TV plays in audio-visual works shall be enjoyed by producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and receive remuneration according to the contracts signed with producers. The copyright ownership of audio-visual works other than those specified in the preceding paragraph shall be agreed by the parties; Where there is no agreement or the agreement is not clear, it shall be enjoyed by the producer, but the author shall enjoy the right of signature and remuneration. Authors of scripts, music and other works that can be used alone in audio-visual works have the right to exercise their copyright alone.

Legal analysis of who owns the copyright of the photos taken by the photographer: The work created by the photographer is commissioned works. The copyright ownership of this work is determined by the client and the trustee (photographer) through the contract. If there is no agreement in the contract or no contract is concluded, the copyright belongs to the trustee.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 47 If a party fails to perform its contractual obligations or fails to meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law.

Article 48 Disputes over copyright infringement may be mediated. If mediation fails or one party reneges after mediation reaches an agreement, it may bring a lawsuit to the people's court. If the parties are unwilling to mediate, they may also directly bring a suit in a people's court.

What is the legal analysis of shooting copyright? Copyright will be automatically generated according to law after the author's work is created, without the approval of any competent authority. Works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright according to law. According to the copyright law, works are protected by copyright. Photographic works are equally protected as other works. Therefore, shooting copyright refers to the protection of the copyright of photographic works.

Legal basis: Article 2 of the Copyright Law of People's Republic of China (PRC), works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.