What is the copyright ownership of portrait photographs —— How to judge the copyright ownership of portrait photography works

Legal analysis of the ownership of portraits taken by photographers: Many people like to take pictures, so the ownership of portrait photos is very important. Among them, we know that everyone has the right to portrait, so how to determine the copyright of portrait photography and the ownership of portrait right? The following small series has compiled the following contents for your answer, hoping to help you.

How to determine the ownership of copyright and portrait right of portrait photography works

1, selfie. The copyright of self-made portrait works belongs to the photographer himself.

2. Co-shooting. The copyright of a work created in cooperation with others belongs to all parties.

3. commissioned works. If a person is entrusted to shoot, the copyright ownership of the work can be agreed by both parties in advance. If there is no agreement, then the copyright belongs to the trustee, that is, the photographer Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. The portrait right of portrait photography works naturally belongs to the photographer.

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.

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.

Legal analysis on how to determine the ownership of the copyright of portrait photography works: 1. The copyright of self-made portrait works belongs to the photographer himself.

2. Be in tune. The copyright of a work created in cooperation with others belongs to all parties.

3. commissioned works. If a person is entrusted to shoot, the copyright ownership of the work can be agreed by both parties in advance. If there is no agreement, then the copyright belongs to the trustee, that is, the photographer

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

Article 11 Copyright belongs to the author, except as otherwise provided by this Law.

The natural person who creates a work is the author.

A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.

Article 14 The copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.

The copyright of a cooperative work shall be exercised through consultation by the co-authors; If no agreement can be reached through negotiation without justifiable reasons, neither party shall prevent the other party from exercising other rights except transfer, exclusive use and pledge, but the proceeds shall be distributed to all co-authors reasonably.

Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.