Copyright of Portrait Works-How to Determine the Ownership of Copyright of Portrait Photography Works

How to deal with the copyright issues of portrait works

The copyright issues of portrait works are dealt with in the following ways:

1. The exercise of portrait copyright should be subject to the right of portrait; Without the consent of the portrait right owner, portrait works may not be exhibited, reproduced, published or sold;

2. The exercise of portrait copyright must be based on the agreement between the portrait copyright owner and the portrait right owner.

How should infringement of portrait rights be defined?

To constitute an infringement of citizens’ portrait rights, the following elements should usually be met:

1. Without the consent of the individual;

2. For the purpose of profit.

Legal basis

: Article 54 of the Copyright Law of the People's Republic of China

Infringement of copyright or copyright-related rights, The infringer shall compensate the right holder according to the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be provided in the amount of not less than one time but not more than five times the amount determined according to the above method.

If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights royalties, the People's Court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide information related to the infringement. Account books, information, etc.; if the infringer fails to provide them, or provides false account books, information, etc., the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies, except under special circumstances; and order the destruction of materials, tools, equipment, etc. mainly used to make infringing copies. , without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation. How to determine the ownership of copyright in portrait photography

Legal analysis: 1. Shoot by yourself. The copyright of portraits taken by oneself belongs to the photographer personally.

2. Cooperative shooting. For works created in collaboration with others, the copyright belongs to all parties involved in the collaboration.

3. Commissioned works. If you are commissioned to take a photo, the ownership of the copyright of the work can be agreed upon by both parties in advance. If there is no agreement, then the copyright belongs to the commissioned person, that is, the photographer.

Legal basis: "Copyright Law of the People's Republic of China"

Article 11 Copyright belongs to the author, unless otherwise provided in this law.

The natural person who creates a work is the author.

For works hosted by a legal person or unincorporated organization, created on behalf of the will of a legal person or unincorporated organization, and for which the legal person or unincorporated organization assumes responsibility, the legal person or unincorporated organization shall be regarded as the author.

Article 14 For works created jointly by two or more people, the copyright is shared by the co-author ***. People who did not participate in the creation cannot become co-authors.

The copyright of the collaborative work shall be exercised by the co-authors through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights other than transfer, licensing of exclusive use to others, and pledge. , but the proceeds should be reasonably distributed to all co-authors.

If the collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the entire collaborative work must not be infringed upon when exercising the copyright. Ownership of photos of people taken by photographers

Legal analysis: Many people like to take photos, so the ownership of portrait photography is a very important point. Among them, we know that everyone enjoys portrait rights, so how to determine the ownership of copyright and portrait rights in portrait photography? The editor below has compiled the following content to answer your questions. I hope it will be helpful to you.

How to determine the ownership of copyright and portrait rights in portrait photography

1. Shoot by yourself. The copyright of portraits taken by oneself belongs to the photographer personally.

2. Cooperative shooting. For works created in collaboration with others, the copyright belongs to all parties involved in the collaboration.

3. Commissioned works. If you are commissioned to take a photo, the copyright ownership of the work can be agreed upon by both parties in advance. If there is no agreement, then the copyright belongs to the commissioned person, that is, the photographer. Portrait right is a kind of personality right enjoyed by natural persons with the content of personal interests reflected in their own portrait. The portrait rights of portrait photography naturally belong to the person being photographed.

Legal basis: Article 17 of the "Copyright Law of the People's Republic of China" The photos taken in the photo studio are actually photography works commissioned by the photographer to create for him. If both parties do not If the ownership of the copyright is agreed upon, the copyright should be enjoyed by the photographer as the trustee. The person being photographed does not own the copyright of the photo and can only use the photo free of charge within the specific purpose of the commissioned creation.

If the photographed person uses the photograph beyond the scope of the specific purpose of the commissioned creation without a contractual agreement, it will constitute an infringement of the photographer's copyright. In the absence of a contractual agreement, the photographer cannot use the photos at will, and the photographer as the copyright owner cannot use the photos commercially. Otherwise, it may constitute an infringement of the portrait rights or even privacy rights of the person being photographed.