Does the photographer enjoy the rights of a third party when the copyright of the picture is transferred? -Who owns the copyright of portrait photography?

How to treat the problem of "photography copyright"? What is copyright?

Copyright is also called copyright. According to the laws of China, copyright refers to the right of anyone to publish, sign, modify, rent, exhibit and disseminate his literary, artistic and scientific works. Of course, this also includes photographers' equal rights to the photos they take.

There are two ways to obtain copyright: automatic acquisition and registration acquisition. According to the international practice and the provisions of the copyright law, the photographer automatically owns the copyright after the work is completed. For example, when a photographer presses the camera shutter and takes a photo, he owns the copyright of the photo. Photographers can use, publish, display, sell or authorize others to use this photo. Of course, as an author, a photographer can also register this photo with the relevant national copyright authorities to prove that he owns the copyright of this photo.

This does not include a case where a photographer is shooting for a client, employed by a company, or employed by the media. At this time, their shooting is for customers or companies that employ them, and they have already been paid when shooting. This kind of shooting is just a professional behavior. In fact, it is difficult to define whether photographers still have copyright in such photos, because their shooting is a professional behavior. If a photographer wants to sell photos or use them in commercial advertisements in exchange for financial benefits, he needs to obtain the consent of his employer or customer.

Few photographers are willing to take their photos to the copyright agency for registration. First, trouble, wasting a lot of time and spending a lot of money. Secondly, only a part of the photos taken by the photographer will produce real economic benefits, and the photographer is not completely sure which photo can become a best-selling picture. Registering copyright for every photo you take actually increases the shooting cost. So, is there any other better way for photographers to prove that they have copyright in the photos they take? Yes! The best way is to take photos in RAW format. In today's digital age, a picture in RAW format can prove that it was taken by you just like the film of that year, because even if someone can copy the film, the definition of the copied film is much worse than the original, which can be seen at a glance. In today's digital age, a photo in RAW format is like a digital negative and cannot be copied. If someone wants to use your pictures, remember never to provide them with files in RAW format. As long as you have pictures in RAW format, you can prove that you have copyright on them. Because pictures in RAW format can be converted into pictures in JPG format or other formats, but pictures in other formats cannot be converted into pictures in RAW format.

What is the right to portrait?

Portraits are no strangers to people. It can take oil painting, sculpture, illustration, photography and other artistic forms. Especially in portrait photography, fashion photography, commercial advertising photography and news documentary photography, there are a large number of portraits.

Legally speaking, the right of portrait refers to the right of natural persons to copy, use and exclude others from infringing on their portraits, which is also a right of privacy.

Portrait mainly shows a person's face. People can clearly identify someone through portraits. At this time, the subject has the right to portrait, which is protected by law. Every citizen has his own portrait right, and anyone can show his portrait in a certain way. For example, in photography, the subject can fix his portrait on a carrier by taking pictures or taking selfies by others. This carrier can be photographic paper or other media. When his portrait is finished by others, the producer needs the consent of the portrait owner. If the portrait of the person is photographed without the authorization of the portrait owner, even if the portrait of the person is not displayed, published or benefited, it is also an infringement of the portrait owner. Just like many of our photographers took portraits of others in the street for their own appreciation, although it was not profitable, it also violated that person's portrait right.

Photographers may often encounter the problem of portrait rights when shooting. If they can't solve this problem well, it may cause a lot of trouble. All citizens have the right to use and transfer their portraits. When transferring it to others, the portrait owner has the right to get some remuneration or give up the right to get remuneration, and let others use his portrait for free. Whether using the right of portrait with or without compensation, the photographer should sign a formal Letter of Transfer of the Right of Portrait with the right holder of portrait. In the Transfer of Portrait Right, it should be clearly stated where the portrait of the portrait owner will appear or be used, whether the portrait owner will be paid, and the responsibility he should bear for violating the contract to avoid disputes and contradictions in the future. Do photographers also need the transfer of portrait rights when shooting leaders, politicians or stars? This is a question in many people's minds. Usually, if such photos are used in newspapers and magazines, the transfer of portrait rights is not required, but if such photos are used in commercial advertisements, the subject needs to sign the transfer of portrait rights.

For a commercial photographer, it is necessary to sign a portrait right transfer book with the model, otherwise the photos taken by the photographer with characters will lack commercial value. They can only be used in newspapers, magazines and some media, but not in commercial advertisements.

This photo was taken in an art school in Hefei, Anhui Province, for the purpose of making material for a local brochure. There is no doubt that the photographer owns the copyright of the photo, but the photographer is not authorized by the portrait right of the model, so it is difficult to use it in commercial advertisements.

What is property right?

This may be a new word for photographers. The so-called property right is actually composed of the words "property right" and "property right". Generally speaking, in Chinese mainland, we call the ownership of movable property and immovable property "real right", while in Britain and America, it is generally called "real right", so there is not much difference between them in essence.

When we understand what property rights are, we can well understand the transfer of property rights required by photographers in the picture library. In fact, this is the same as the transfer of portrait rights. If there are clearly identifiable objects, buildings, etc. In the photos taken by the photographer, the photographer needs to provide the transfer letter signed by the property owner, otherwise such photos can not be rented to customers for advertising as commercial photos, that is to say, such photos lose their commercial value.

Many buildings are protected by property law, such as the Eiffel Tower in Paris, France. The Eiffel Tower you took during the day can be advertised, but the pictures you took at night are not allowed to be advertised. Therefore, it is best for photographers to obtain property rights authorization when shooting buildings.

Although many photographers know that people's photos are easier to use than other kinds of photos, they still don't want to take pictures of people because they think people should sign a transfer of portrait rights when shooting. However, with the improvement of the law, photographing buildings also requires authorization of property rights, unless the photos are not used for commercial purposes. In our country, the property law is not very clear, while in foreign countries, the pictures provided by some photographers will be rejected by the photo library because of the appearance of the building. Usually, in many countries, when the building age exceeds 100 years, photographers do not need property rights authorization when shooting.

This photo was taken in a villa area in the suburb of Detroit, USA. Originally, this is a good commercial picture, but this is a private villa and belongs to personal property. Pictures can't be advertised without the authorization of the owner's property rights.

Is this picture nice? Unfortunately, it can't be used in advertising, because its real right belongs to the state. So, usually after you take this photo, you can put it in the photo gallery, but it must be in RM mode, and the photo gallery will tell the customer that this photo has no property rights. If they want to use it, they need to negotiate and get authorization themselves, otherwise legal disputes will arise. Modern architecture as shown in the above picture can only be used for editing purposes in some foreign photo libraries at present.

Everyone knows the National Grand Theatre in the picture above. However, although the photographer can make it beautiful and can be used as a commercial picture, if you don't get the authorization of property rights, it will lose its commercial value. Of course, some customers will take risks to use it for advertising, but with the improvement of national laws, such things will become less and less.

(Excerpted from: Chen Xiaobo's Turn Your Photos into Money: Revealing Photography in Commercial Photo Gallery)

People have the right to portrait and many buildings have property rights, so the question is, do animals have copyright?

Black-crowned macaques take selfies and set off a copyright war.

August 20 14, The Huffington Post reported the copyright dispute between Wikipedia and British wildlife photographer David Slater, which was very interesting. 20 1 1 year, David Slater went to Indonesia to take photos of black-crowned macaques. When he set up the camera, a black-crowned macaque suddenly rushed over and picked up the camera to take a selfie. After Slater developed the photo, he found that the macaque was photographed very well and his expression was very interesting, so he posted the photo on the Internet. Soon, photos began to spread wildly on the Internet.

Black-crowned macaque selfie.

Finally, this photo was included in Wikipedia's Wikipedia resource network. This website is dedicated to storing pictures of the fields shared with * * *, and anyone can use these pictures for free. After the photographer found out, he immediately asked Wiki to delete the picture and claimed that he owned the copyright of this photo. If Wiki wants to publish his photos, he should pay the copyright fee first.

Wiki simply rejected Slater's request. Wiki's reason is interesting, but it also makes sense: "From a technical point of view, this photo was taken by the black-crowned macaque himself. Slater has no copyright on this photo. "

Catherine Maher, a spokesperson for Wikipedia, also issued a statement saying: "After careful consideration and research, we believe that the macaques in the photos are also not protected by copyright. No one owns the copyright of this photo. Therefore, we classify this photo as a public domain and anyone can use it for free. "

"According to American law, copyright cannot be owned by non-humans. Therefore, in this incident, although the macaque is the photo author, it has no copyright. After that, the person who prints, processes and modifies the photo only owns the copyright of the modified part, but not the photo itself. "

In this case, the copyright owner should be a macaque. But according to the law, the copyright owner must be human, so no one has the copyright of this photo in law.

What acts constitute copyright infringement?

Publishing his works without the permission of the copyright owner;

Publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

Did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

Distorting or tampering with other people's works;

Plagiarizing other people's works;

Failing to pay remuneration for the use of another person's work;

Using the layout design of books and periodicals published by publishers without the permission of publishers;

Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through the information network without the permission of the copyright owner, except as otherwise provided in this Law;

Publishing books with exclusive publishing rights enjoyed by others;

Making or selling works signed by others.

Jia Pingwa Portrait Copyright Case Photographer Won

Photographer Zhao took a close-up photo of Jia Pingwa. Jia Pingwa used the above portrait photo of Jia Pingwa on the cover and spine, and did not sign the photographer or pay Zhao. Zhao sued Jia Pingwa for this.

Photographer Zhao took a close-up photo of Jia Pingwa, which was used in the book Selected Long Prose of Jia Pingwa published by Shaanxi People's Publishing House in 2003. August 20 12, Lijiang publishing house published eight books, including "Shaanxi Opera" and "Abandoned Capital". The above portrait of Jia Pingwa was used on the cover and spine, and the photographer was not signed and Zhao was not paid.

According to the regulations for the implementation of the 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. Portrait photography is a kind of work that takes the portrait right of a specific person as the object, records the image of that person through his own conception and creation, and enjoys copyright. In this case, Jia Pingwa entrusted photographer Zhao to take photos for himself. According to Article 17 of the Copyright Law, the ownership of commissioned works is agreed by the client and the trustee through the contract; If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee. Jia Pingwa and the photographer can agree on the ownership of copyright through the contract. If there is no agreement or the agreement is unclear, the copyright belongs to the trustee, that is, photographer Zhao.

As the client of portrait right, whether Jia Pingwa can use his photos for profit without the consent of copyright owner Zhao is the focus of Jia Pingwa's responsibility in this case. However, at present, there is no clear stipulation in our country's laws, and it is only involved in the reply of the National Copyright Administration on the copyright of studio photos, but this reply is not the same kind of case as this case. Judging from the judgment of Shaanxi High Court, between the copyright of photographic works and the photographer's portrait right, it is more inclined to protect the portrait right.

The late nanny photographer, all rights reserved.

VIVIANMAIER, a nanny photographer who has made a splash in recent years, and a folk photographer who only attracted the attention of the whole world after his death have also fallen into a copyright dispute. To be exact, the works she left us have caused great copyright disputes, and the final result of this dispute is likely to directly lead to VIVIANMAIER's works no longer appearing in our field of vision.

Vivian Mayer (February 1 day to April 2 1 day, 2009)

I've only photographed streets all my life. However, until her death, she was just a little-known amateur photographer. She has been a nanny in Chicago for more than 40 years. She shot more than 654.38 million negatives in her life, and many of her works were not developed before her death. It was not until her death on April 265.438+0, 2009 that these undeveloped negatives were bought back by a young man named JohnMaloof. After some negatives were developed, JohnMaloof found that VivianMaier's legacy contained a large number of precious photos of Chicago streets in the 1950s and 1970s, which were developed for Chicago and even the United States.

JohnMaloof is not a senior photographer. When Vivian took photos in 2007, he knew little about street photography. In 2009, he set up a blog and posted some photos on it. In the following years, John visited Vivian's former employer's house and collected many things besides photos, including newspapers she collected before her death, tapes, notebooks, cameras, clothes and so on, which recorded her conversations with the respondents. John turned his house into a photo developing room. He scanned Vivian's negatives into the computer and selected some for printing. He rebuilt his personal website and posted Vivian's photos and personal information on it. The website attracted many people to browse, and then attracted a lot of attention from Chicago media. He himself was defined as "a man who struggled for vivian maier's position in the history of photography".

As VIVIANMAIER's works become more and more famous, more and more people begin to pay attention to the copyright issues of these works. As a result, JOHNMALOOF, who later occupied most of the collection and was one of the buyers of the year, only found a cousin who was closest to VIVIANMAIER and paid him to buy the copyright of these works, which calmed down the incident.

The world is full of wonders, and the dispute over copyright has always been a sharp topic. Respect other people's creative achievements, after all, it's not easy to take pictures, it's not easy to defend rights, it's ok and cherish ~

Is it illegal to sell your own pictures? Legal analysis: As the photographer of the picture, the copyright of the picture belongs to you. Pictures are generally not infringing if they do not involve other people's portrait rights and other issues.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.

Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.

The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.

Article 9 Copyright owners include:

(1) author;

(2) Other natural persons, legal persons or unincorporated organizations that enjoy copyright according to this Law.

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify a work;

(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent;

(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

(10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;

(11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph;

(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;

(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(seventeen) other rights that should be enjoyed by the copyright owner.

The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.

Who owns the copyright of portrait photography? At present, infringement of works is common and rampant in China. Many enterprises or individuals use other people's works in product packaging, books, brochures, exhibitions, websites and Weibo. Without the consent or payment of the owner of the work. Then, who owns the copyright of ID card photos and figure art photos? The following answers are provided by Bian Xiao for your reference. I hope the following answers are helpful to you.

1. Who owns the copyright of ID card photos and figure art photos?

People's certificate photos and artistic photos fully meet the definition of photographic works stipulated by copyright, and can obtain copyright, which is generally considered to belong to the author.

According to the definition of photographic works in Article 4 of 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 with instruments. Usually, passport images taken by automatic cameras are not recognized as copyright because they do not contain the intellectual creation of "people"; In addition, photos of "people" 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.

2. What are the contents of picture copyright?

Regarding the contents contained in the copyright of pictures, the relevant provisions are as follows:

Article 3 of the Copyright Law stipulates that photographic works, which are often referred to as pictures, are protected by law. The definition of photographic works refers to artistic works that discipline the images of objective objects on photosensitive materials or other media with the help of instruments. First of all, it must conform to the characteristics of the work, that is, it is original; Secondly, it is made by people with instruments, which is different from painting and excludes non-human factors; Finally, it is the expression of an objective object, not the objective object itself.

(1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine.

(2) The right of authorship refers to the author's right to sign a work, and the copyright owner shows his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or choose not to sign voluntarily under certain conditions.

(3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. Generally speaking, photo editors repair the scratches of the pictures submitted for review, fine-tune the color and brightness, and moderately cut the pictures for typesetting, which does not constitute an infringement of the right to modify works.

(4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc.

The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the above rights are recognized by China's Copyright Law, but the Copyright Law does not stipulate another right in property rights-the right of renewal. In fact, the right of renewal is of great significance to the copyright owner of the picture.

Article 11 of the Copyright Law

Copyright belongs to the author, except as otherwise provided by this law. The citizen who creates a work is the author. A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.

The above is Bian Xiao's comment on "Who owns the copyright of photo id and artistic photos of people?" We can know that people's photo id and artistic photos fully meet the definition of photographic works stipulated by copyright and can obtain copyright. If you want to know more about other legal knowledge, we also provide professional online consulting services for lawyers. You are welcome to consult again.