Copyright issue of photo base ~

1 The copyright of the photo should belong to the photo studio, which can refuse to give it to you for free;

Your portrait enjoys the right in the photo, and no one can use it casually without your permission;

3 the photo studio can't be used casually. Once used, it will infringe your portrait right and you can claim compensation.

The specific legal basis is the reply made by the Copyright Administration to this phenomenon in society.

In addition, the copyright ownership should be agreed first. There is no agreement, and the photo studio is equivalent to commissioned creation. According to the copyright law, the photo studio enjoys copyright. The specific basis is:

Reply of the National Copyright Administration on whether there are copyright problems in the photos taken by the studio.

(No.[1997] 12 of the State Council General Office on February 3, 2007)

Received your letter about the copyright of photos taken by the studio. After study, the reply is as follows:

1. According to Article 23 of the Regulations for the Implementation of Copyright Law, copyright is generated after the creation of a work. The law does not require non-profit as a condition of copyright. All works, including photographic works taken by the studio, are protected by law.

Second, the relationship between the customer and the photo studio should belong to the contractual relationship in civil law. Photographs produced by contractual relationship belong to entrusted creation as stipulated in Article 17 of the Copyright Law. This article stipulates: "The ownership of copyright in commissioned works shall be agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or no contract is concluded, the copyright belongs to the trustee. " Obviously, the copyright of the photos taken by the studio is determined according to the contract, if there is a contract. If there is no contract or there is no explicit agreement in the contract, it shall be presumed that the copyright belongs to the studio. If the copyright of the photo belongs to the photo studio, others should obtain the permission of the photo studio in advance if they use the photo in the way stipulated by the copyright law.

Three, because photos may also involve the customer's portrait rights, so the studio should abide by the provisions of Article 100 of the General Principles of the Civil Law when exercising copyright, that is, the profitable use of photos must obtain the permission of the portrait right holder in advance.

4. Regarding the application of the law in this case, besides the relevant provisions of the Copyright Law, the provisions of Article 7 of the General Principles of Civil Law should also be considered. Civil activities should respect social morality, and should not harm public interests, undermine the national economic plan or disturb the social and economic order. If both the defendant and the plaintiff in this case clearly indicate that the defendant will use photos for profit by copying, advertising, etc., or there is no agreement, and there is reason to believe that the plaintiff knows that the defendant will use photos for profit and has not raised any objection, it should be considered that even if the copyright of photos belongs to the plaintiff, the defendant should have the right to use photos for profit within the scope of its business activities. However, the remuneration paid by the defendant to the plaintiff should be equivalent to the remuneration due to the plaintiff. You can refer to the remuneration paid by other advertising companies or photo studios for taking similar photos. If neither party has clearly indicated that the defendant will use the photos for profit, or there is no reason to think that the plaintiff knows that the defendant will use the photos for profit, the defendant shall obtain the plaintiff's permission in advance if the copyright belongs to the plaintiff.

The above opinions are for your reference.