What rights do museums have to take photos, measure and compile explanatory texts of their precious cultural relics, and publish them by * * Publishing House?

According to the relevant provisions of China's copyright law on the protection of objects, both photographic works and written works are objects protected by copyright law. Photographing, measuring and writing descriptions of cultural relics in the collection will naturally produce photographic works and written works protected by copyright law.

However, who is the copyright owner of photographic works and written works depends on the specific situation:

1. If the museum organizes staff to take photos, measure and write explanatory texts on behalf of the museum, and the museum bears relevant responsibilities, the copyright of the photographic works and written works shall be enjoyed by the museum; The museum can't prove that the staff's related creative activities are based on the will of the unit, nor can it prove that the unit bears the relevant responsibilities for this. The staff who sign the photographic works and explain the works enjoy the copyright. The copyright enjoyed includes: publication, signature, modification, protection of the integrity of the work, reproduction, distribution, exhibition, information network dissemination and assembly.

2. If the museum entrusts professional photographers and surveying and mapping technicians to take photos and write written descriptions, the ownership of copyright can be stipulated in the contract. If there is no agreement, the copyright belongs to the trustee, that is, the photographer and the author who specifically writes the explanatory text enjoy the copyright, and enjoy the copyright as above.

After determining the copyright owner of the above works, it depends on what kind of license agreement the copyright owner has signed with the publishing house. The copyright owner can transfer all the property rights of the work to the publishing house according to the agreed method, time limit and royalties, that is, the publishing house enjoys whatever rights the right owner transfers to the publishing house. Under normal circumstances, publishing houses generally need to allocate the right to publish, copy and distribute.