Traditional Culture Encyclopedia - Photography major - What is copyright? Do you need to apply for anything? How others use yours is infringement.

What is copyright? Do you need to apply for anything? How others use yours is infringement.

To judge whether a work has copyright, it is necessary to determine whether it is original, that is, it was created independently by itself, originated from itself, and reached a certain level of intellectual creation. Not all works can be protected as copyright. For example, a picture captured casually by a camera or a pure video of a football match has no creative level at all and is not protected by copyright law.

The objects protected by patent law are inventions, utility models and designs. A simple picture can't meet the requirements of applying for a patent. If your picture reaches the scope of copyright law protection, then, except for fair use, everything else is infringing, whether it is profitable or not. The purpose of making profits is only the constituent elements of punishment.

Article 22 of the Copyright Law stipulates: "Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations. "

Extended data:

There are three basic types of copyright license contracts: general license, exclusive license and exclusive license.

The so-called "general license" refers to the licensing method in which the licensor permits the licensee to use the work within the specified scope, while retaining the right to use the work within the scope and allowing others to use the work.

The so-called "exclusive license" means that the licensor permits the licensee to use the work within the prescribed scope, while retaining the right to use the work within the scope, but not allowing others to use the work.

The so-called "exclusive license" means that the licensor licenses the licensee to use the work within the prescribed scope, and at the same time has no right to exercise the relevant rights during the license period, and may not license others to use the work.

Baidu Encyclopedia-Copyright Law

People's Network-How to judge the "exclusive right to use" in copyright cases