Who owns the copyright of photographic works?

According to the definition of photographic works in the Regulations for the Implementation of Copyright Law, photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media by means of instruments. Usually, passport images taken by automatic cameras are not recognized as copyright because they do not contain human intellectual creation; In addition, people's photos should be the object of copyright protection. However, because the photo requires a true and clear representation of the appearance of the subject, it does not reflect the photographer's understanding of things and the thoughts and feelings expressed, and the finished work is mainly used for the identity verification of the subject, so there is no need to protect the photographer's copyright in the photo objectively. On the contrary, if the copyright is enjoyed by the photographer, it may affect the normal use of the photo. In practice, the photographer takes certificate photos at the request of customers, and the photographer collects the shooting fee, and then delivers the negatives and developed photos to the photographer. In fact, in law, the two parties constitute a commissioned creative relationship: the photographer is entrusted to take photos and deliver the negative, which is regarded as the copyright of the finished work confirmed by both parties belongs to the client, that is, the photographer, who can decide the use and disposal of the photos independently. Because of the use of photos, the subject will not claim to be the photographer of the photos, and there is no damage to the photographer's rights and interests such as the right of signature. Different from the photos of ID cards, artistic photos of people, whether completely personalized or patterned (makeup, scenery, modeling), require photographers to invest more intellectual creation, including grasping the characteristics of the subject, expressing ideas, framing layout, lighting and skills. Pursuing artistry and highlighting people's aesthetic feeling. Therefore, people's artistic photographic works fully meet the definition of photographic works stipulated by copyright and can obtain copyright. Because people's photographic works involve the portrait right of the subject, their use will involve both copyright and portrait right. Photographers and subjects should properly solve the problems of use and ownership of rights and interests through specific agreements in the entrustment contract. Judging from the provisions in the Regulations for the Implementation of the Copyright Law, the person who shoots a photographic work can actually be recognized as the author, so he enjoys the copyright after shooting, and the natural author becomes the copyright owner. But sometimes people may be photographed, and at this time it will involve the issue of portrait rights. It is recommended to consult the parties before use.