Traditional Culture Encyclopedia - Photography major - Are the photos I took copyrighted?
Are the photos I took copyrighted?
According to the Copyright Law of People's Republic of China (PRC), copyright refers to the right to publish, sign, modify, lease, exhibit and disseminate one's own literary, artistic and scientific works. Of course, this also includes photographers' equal rights to the photos they take.
According to Article 57 of the Copyright Law of People's Republic of China (PRC), copyright as mentioned in this Law is copyright.
Article 2 stipulates that works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Article 3 stipulates that works mentioned in this Law include literary, artistic, natural, social and engineering works created in the following forms: (5) Photographic works.
Your personal photo is used by the company for commercial activities without consent, which is an infringement. According to the provisions of Article 48 of the Copyright Law of People's Republic of China (PRC), anyone who commits any of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances.
At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law.
Extended data:
Duration of copyright protection:
According to the provisions of Article 21 of the Copyright Law of People's Republic of China (PRC), the protection period of citizens' right to publish their works and the rights stipulated in Items (5) to (17) of the first paragraph of Article 10 of this Law is 50 years before the author's death and ends at 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
The term of protection for the works of a legal person or other organization and the works in which a legal person or other organization enjoys the right to publish and the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works, but the works have not been published within fifty years after the completion of the creation.
For cinematographic works and works created by similar cinematographic or photographic methods, the term of protection of the right of publication and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
China Government Network-People's Republic of China (PRC) Copyright Law
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