Traditional Culture Encyclopedia - Photography major - But what is in the original works of artistic photography belongs to the original owner.

But what is in the original works of artistic photography belongs to the original owner.

However, the original ownership and copyright of a work of art shall be enjoyed by the original owner.

Copyright: refers to the property rights and spiritual rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works. In China, copyright refers to copyright. Copyright in a broad sense also includes neighboring rights, which are called copyright-related rights in China's copyright law. The subject of copyright (copyright owner) refers to a natural person, legal person or other organization that enjoys copyright in literary, artistic and scientific works according to the copyright law.

The right to display the original works of art shall be enjoyed by the original owner.

First, the right to display original works of photography.

Because property rights and copyright are different types of rights, the owner of property rights and the intangible property of works based on things-copyright can be separated. China's Copyright Law stipulates that copyright belongs to the author, and other natural persons, legal persons and other organizations can obtain copyright through inheritance, but obtaining the property right of the original or copy of a work and obtaining the copyright of a work are two different concepts. Therefore, this paper emphasizes the separation between the tangible form of property ownership and the intangible property right with intangible property as copyright.

It is precisely because of the particularity of works such as works of art that many people will take obtaining the originals of works such as works of art as a way for the transferee to obtain copyright. As mentioned above, there are two ways to obtain copyright: creation and derivative acquisition. Derivative acquisition includes transfer, authorization, gift, bequest and inheritance. Obtaining the originals of works such as works of art also obtains the right to display in the copyright of the works, so the above understanding is not unreasonable.

Works referred to in this article refer to works of art, which usually include works of art, photographs, sculptures, model works and other works whose original ownership can be transferred. Original works of fine arts have special artistic value and cannot be copied, therefore, original works of fine arts have important value in the sense of property rights. The "original" mentioned in this paper should refer to "original", "copy" or "original", which is a concept corresponding to copy.

The original works of art and other works can be transferred to people other than the author by means of sale, gift, bequest and inheritance. The holder of the original has legally acquired the ownership of the property and enjoys the right to possess, use, benefit and dispose of it according to law. However, this kind of use behavior cannot infringe the author's copyright. For example, the owner of the original work cannot publish and distribute the work, which violates the author's right to copy and distribute.

However, due to the special value of the original works of art, the law stipulates that those who have obtained the original works of art have the right to exhibit the original works. The transfer of ownership of the original work is not regarded as the transfer of copyright of the work. Obtaining the ownership of the original work does not mean obtaining the copyright of the work.

To sum up, the ownership of the original works of art and the copyright of the works of art are enjoyed by the original owners.

Legal basis:

Copyright Law of People's Republic of China (PRC) (revised in 2020)

Article 18 A work created by a natural person after completing a task organized by a legal person or an unincorporated person is a job work. Except in the circumstances specified in the second paragraph of this article, the copyright belongs to the author, but the legal person or unincorporated organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit. In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by a legal person or an unincorporated organization, which may reward the author:

(1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other job works created mainly by using the material and technical conditions of a legal person or an unincorporated organization, which are under the responsibility of the legal person or an unincorporated organization;

(2) Professional works created by staff of newspapers, periodical agencies, news agencies, radio stations and television stations;

(3) Job works whose copyright is enjoyed by legal persons or unincorporated organizations according to laws, administrative regulations or contracts.

Article 19 The ownership of copyright in commissioned works shall be agreed upon by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.