Photographic publishing right

The original work is only the material carrier of the work, not the work itself. Therefore, the transfer of the original work does not mean the transfer of the copyright of the work. For example, according to China's Copyright Law, the transfer of ownership of original works such as art is not regarded as the transfer of copyright, but the right to display original works of art is enjoyed by the original creator.

Therefore, in this case, the original holder of the photographic work of the artistic work has already enjoyed the right to exhibit.

Then let's take a look at what is the right to publish.

It means that the author has the right to decide whether to make the work public. The so-called publicity means being known to others. There is no requirement for amnesty in the form of publication. As long as the author decides to deliver the work to a third party, it can be regarded as the exercise of the right of publication. Therefore, once the author gives the artistic works and photographic works to others, it means that he has exercised the right of publication, and once the right of publication is exercised, it will be gone. Therefore, once the original photographic works of artistic works are transferred to others, it means that the author has exercised the right to publish. Since the right of publication does not exist, there is no possibility of infringing it.