Copyright of wedding photography-What is the legal relationship of taking wedding photos?

When we get married, we will go to the wedding company to take wedding photos. Usually, we will agree with the wedding company how much budget, how much time to complete the wedding shooting, and how many wedding photos and gifts we want. The wedding company will hire photographers to take wedding photos for us. So the photographer belongs to the wedding company, and the photographer and the wedding company belong to an "employment relationship" (labor-capital relationship), so we belong to an "employment relationship" (contractual relationship) with the wedding company.

According to article 12, item 1 of the Copyright Law: "Except for the cases listed in the preceding article, the employee shall be the author of the work. However, if the contract stipulates that the investor is the author, such agreement shall prevail. 」

Item 2 of Article 12 of the Copyright Law: "According to the provisions of the preceding paragraph, if an employee is an author, the property right of the work shall be enjoyed by the employee or investor according to the agreement. If there is no agreement on the ownership of copyright, the copyright shall be enjoyed by the employee. 」

Item 3 of Article 12 of the Copyright Law: "If the property right of a work belongs to the laborer in accordance with the provisions of the preceding paragraph, the investor may use the work. 」

We asked the wedding company to take a wedding photo. We call it the investor, and the wedding dress company belongs to the employees. Therefore, the provisions of article 12 of copyright are very clear. Although we paid the wedding company to take weddingphoto, the copyright from the whole process to the end belongs to the employees, which seems unfair to the investors, so it is said in the proviso. If there is an agreement, the investor is the copyright owner. This proviso is a special reminder to the investor that before asking the wedding company to shoot the wedding dress and negotiate the whole shooting contract, you can negotiate with the wedding company whether the copyright can be owned by the investor, so that no matter how many photos the photographer has taken for you, you can take back the photos. Otherwise, according to the general public's cognition, you don't know that you can make such an agreement with the wedding company, and the final film can't be taken back, so you can only go to the wedding company for compulsory washing.

(Excerpted from: Overseas Wedding Forum)

References: 1 Analysis of Legal Protection of Portrait Rights in Wang Xiaopeng 2 Research on Marketing Strategy of Art Licensing Industry 3 Wang Han takes wedding photos, beware of "honey trap"

Who owns the copyright of the photos taken by the studio? Legal analysis: it depends on the specific situation. Photographic works taken by the studio are protected by copyright law, but the copyright ownership of photographic works should be considered according to the specific circumstances. The photo studio takes wedding photos, which belongs to commissioned works. The ownership of photo copyright depends on whether there is a contract between the two parties. If there is no agreement, the photo copyright belongs to the studio.

Legal basis: Article 17 of the Copyright Law of People's Republic of China (PRC) is actually a photographic work commissioned by a photographer. If there is no agreement on the ownership of copyright, the copyright shall be enjoyed by the photographer as the trustee. Photographers do not enjoy the copyright of photos, and can only use photos for free within the specific purpose of commissioned creation. If the photographer uses photos beyond the specific purpose of the entrusted creation without a contract, it will constitute copyright infringement for the photographer. If there is no contract, the photographer can't use the photos at will, and the photographer who is the copyright owner can't use the photos commercially, otherwise it may constitute an infringement on the photographer's portrait right and even privacy.

What is the legal relationship between taking wedding photos? Photographic works taken by the studio are protected by copyright law, but the copyright ownership of photographic works should be considered according to the specific circumstances. The copyright of the works taken by the studio belongs to 1, and the copyright of the photos taken by the studio belongs to. If there is a contract between the filming parties, the ownership of copyright shall be determined according to the contract, and the contract shall specify who owns the copyright and who is the copyright owner. 2. If there is no contract between two photographers, or the signed contract does not stipulate the ownership of the copyright of photographic works, according to the law, it will be presumed that the copyright of photographic works belongs to the studio. If others want to use photos, they must get permission from the photo studio in advance. However, it should be noted that although the photo studio has copyright on the photos, it does not mean that the photos can be used casually. Because the photo also involves the portrait right of the person being photographed, it can only be used for business with the permission of the portrait right holder, otherwise the portrait right holder of the photo can pursue the tort liability of the photo studio.