A paper on the theme of "law in news photography"

Journalists and newspapers have been compensated for the infringement of reputation by false photographic works.

(Jianghan District Court News) Anyone who infringes upon the reputation of others by insulting or slandering shall bear civil liability. But should anyone praise or exaggerate the actions of others also bear civil liability? A few days ago, the Jianghan District People's Court in Wuhan tried such a dispute over the right of reputation.

The plaintiff, Chen Ying, is a photography model of the color wedding photo studio in Jiang 'an District, Wuhan. Since April, 2003, Sese Studio in Jiang 'an District, Wuhan has organized a street wedding mask show. Photographic models wear wedding dresses and masks to walk in the streets, allowing the studio to open the Wuhan market. On May 6th, with the consent of the plaintiff and another model, Qiu Yan, a photojournalist of Wuhan Evening News, filmed this scene. The next day, Qiu Yan published this photo in the A7 edition of Wuhan Evening News with a caption. The title is "Life remains the same during SARS", and the content is "On the 5 th, on the streets of Wuhan, a couple wore wedding dresses and masks and crossed the road to take wedding photos. An old man with a cane walked past them. During the SARS period, love, marriage and life continued. " The plaintiff raised no objection to this. After nearly a year, because the photo won the prize in the international photo contest, Wuhan Evening News published the photo again, and the editor of Wuhan Evening News supplemented and revised some of the original text and published it. The title is: "The 47th World Photojournalism Competition announced that our reporter Qiu Yan's work" Love during SARS "won the third prize". According to the China Journal, the 47th World Press Photo Contest was announced in the Netherlands yesterday, and our photojournalist Qiu Yan won the third prize in the daily news category. Love during the SARS period is the SARS period. On May 6th, 2003, Qiu Yan photographed a couple wearing wedding dresses and SARS masks crossing the road in Nanking Road, Hankou. The article was published in the A7 edition of Wuhan Evening News on May 7, 2003. The World Photojournalism Competition (Netherlands) is the largest and most authoritative photojournalism competition in the world. The original "a couple" has become a "new couple". After the photo was released, the model Chen Ying thought its content was untrue, which made her suffer mentally. In the case of unsuccessful negotiation with the defendant, Chen Ying sued the photojournalist Qiu Yan and Wuhan Evening News Agency, demanding that Qiu Yan and Wuhan Evening News Agency stop the infringement, restore their reputation, and compensate the plaintiff for the mental loss of 6.5438+0.5 million yuan. During the trial, the first defendant, Qiu Yan, and the second defendant, Wuhan Evening News, argued that the first defendant took photos according to the duties of journalists, and the second defendant published them, which did not infringe the plaintiff's right of reputation, but positively publicized people's pursuit of a happy life during the SARS period, and they were lovers themselves in the photos, so the two defendants were not at fault and requested the court to dismiss the plaintiff's claim.

After the trial, the court held that photo news conveyed complete news information to readers through the combination of visual reflection of pictures and supplementary explanation of words. Photo news should follow the principle of news authenticity. The photos involved were taken with the consent of the plaintiff. When reporter Qiu Yan first released these photos as news photos, she released a supplementary explanation. Subtitles do not directly reflect the marketing activities of the "cross-street cover show", but exaggerate the facts reflected in the photos. After the photos were published, Chen Ying raised no objection. However, on February 14, 2004, when Wuhan Evening News reported that the photo won the Lotus Award, it further changed the original description of "a couple" to "a couple", which was inconsistent with the objective facts. The plaintiff suffered mental pain as a result. The actions of the two defendants have constituted a joint infringement of the plaintiff's reputation right. Considering that the characters in the picture are wearing masks, the scope of injury is relatively narrow and the degree of injury is relatively reduced. The amount of compensation of RMB 6,543,800+0.5 million claimed by plaintiff Chen Ying is too high, and the court does not support the excess. According to the General Principles of the Civil Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, it was decided that reporter Qiu Yan and Wuhan Evening News Agency should apologize to plaintiff Chen Ying, reporter Qiu Yan should compensate plaintiff Chen Ying for his mental loss of 10000 yuan, and Wuhan Evening News Agency should compensate plaintiff Chen Ying for his mental loss of 20,000 yuan.

The case enlightens us that journalists should seek truth from facts and take every news report seriously, even if it is positive propaganda, it should also conform to objective reality. The purpose of the photojournalist in this case is to highlight people's pursuit of a happy life during SARS, and its starting point is good. However, excessive exaggeration or exaggeration of details in news reports makes news lose its due authenticity. In this case, Wuhan Evening News Agency, as the competent unit of news editing and distribution, not only failed to fulfill the obligation of manuscript review, but also fabricated the plot of "a couple" taking wedding photos when reporting the photography award. Although there are only two words, it is far from the objective facts, which violates the principle of news authenticity and damages the reputation of the parties.

(Wuhan Court Network 2004-08-24)

I brought you two handouts.

Antong's Internal Lecture on Civil Law of Adult College Entrance Examination in 2006 (12)

Part II Personal Rights Chapter II Types of Personal Rights 1. Right to life and health ".

Article 98 of the General Principles stipulates that "citizens enjoy the right to life and health". Life and health

The right to health is the general term for the right to life and health. The right to life, that is, the right of a natural person to exist.

Li. The content of a natural person is to safeguard the interests of life and security. There is no legal procedure

Natural persons shall not be deprived of their right to life. Right to health, natural persons and their physical physiology.

Functional integrity and maintaining a sustained, stable and good mental state are the contents.

Right of personality. Second, the right to name Article 99 of the General Principles of the Civil Law stipulates: "Citizens

Have the right to name, have the right to decide, use and change their names according to regulations,

It is forbidden for others to interfere, steal or impersonate. The content of natural person's name right is: self

However, people have the right to decide, use and change their names according to regulations; Have the right to prohibit

Interference, embezzlement and counterfeiting by others. The infringement of the right to name is manifested in the fact that it comes from

However, people have the right to decide and use their own names and change themselves according to the law.

Name right; Stealing or using another person's name. Three. Portrait right "General Principles of Civil Law"

Article 100 stipulates: "Citizens have the right to portrait, and without their consent, they may not

Use citizen portraits for profit. Portrait is through photography, video, beauty

Artistic creation and other means to reproduce the external image of natural people. The content of natural person's portrait right

Yes:. Have the right to have your own portrait; Have the right to prohibit others from camping without permission.

Use his portrait for profit. Use natural persons for other illegal purposes or means.

Like, it can constitute an infringement on the right of reputation or personality of natural persons. make inroads/incursions into

Elements of portrait right: (1) Use for profit. Use someone else's shaw

The purpose of image is to pursue profit, which has nothing to do with whether it is actually profitable or not; () No.

If I allow it. 4. Reputation right Reputation right is the social influence on a person's social status.

Social evaluation of contribution, character, talent and ability. To other people's society

The evaluation shall be fair and objective, and shall not be slandered or belittled at will. Reputation is directly related.

The impact on society and the personal dignity of citizens. General principles of civil law 10 1

Provisions: "Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law.

Protection, it is forbidden to insult, slander and other ways to damage the reputation of citizens and legal persons. "Name?

The right of reputation refers to the right of citizens to enjoy their own reputation without being damaged by others. choose

Insult, slander, fabricate and spread false facts, fabricate or spread gossip.

Talking about other ways to damage the reputation of citizens constitutes an infringement on the right of reputation. infringe upon

The main acts of the right of reputation include: insult: the constituent elements are intentional acts (taking

For the purpose of insulting the personality of others); Take an open approach. Defamation: construction

Requirements are () intentional-for the purpose of degrading the personality of others. Defamation is different from

If the accusation is untrue, exercise the right to report and accuse through proper means, even if the accusation,

The accused facts are inconsistent with reality, so they are not considered as libel; () fabricate falsehood

Facts-including fabricating rumors, deliberately spreading rumors and spreading hearsay.

Words. Behavior is characterized by fabrication and fiction. Whether it is self-made, or

Deliberately spreading false facts can constitute slander; () spreading false things

Truth-spreading false facts in some way. Different from reporting or reporting to the state.

Allegations from relevant authorities. To report or report to the relevant state organs and organizations, no

It will cause the spread of false facts in society and does not constitute slander. V. Privacy

Privacy is an important right of natural persons. China's legislation has been fully affirmed and protected.

Personal privacy But what is the right to privacy? What is the scope of privacy?

? There is no uniform answer in law and legislation. It is generally believed that privacy

Rights have the following characteristics: (1) Facts belonging to personal life, such as personal residence.

Address, pure personal information, private affairs. () has nothing to do with public life.

Intimacy is an important feature of privacy. Keep privacy in a secret state, without shadow.

It affects public life and the realization of others' rights. () Don't want others to know.

Tao, it's only private if I don't want others to know. If you voluntarily let others know

Shaw, this is not private. The most important feature of invasion of privacy is that it is not based on this.

Allow people to spread the privacy of others and let irrelevant people know the privacy of others; Whatever the reason.

Intention or negligence can constitute an invasion of others' privacy. Intransitive verb country of honor

Family and society have made outstanding contributions to society, or made sudden progress in some aspects.

Those who have made achievements and made outstanding achievements shall be given certain honors and awarded honorary titles.

Explain that the country or society is positive about the achievements of natural persons. The honorary title is determined according to law.

The granting or cancellation of programs shall not be illegally deprived or declared invalid or cancelled. Seven. agree with

Ownership. The concept of parental authority refers to the legal status enjoyed by citizens in marriage and family.

Right. Types of Identity Rights () Basis of marital autonomy

It means that citizens are not subject to illegal interference in the conclusion and dissolution of marriage.

Legal marriage is protected by law, and activities such as buying and selling and arranged marriage are prohibited.

Acts involving freedom of marriage. () The status right of husband and wife to enter into marriage.

Men and women become husband and wife, and husband and wife call each other spouses in marriage. The status of husband and wife

Rights are personal rights arising from the status of husband and wife. Husband and wife caress each other.

The obligation of raising and caring, equal right to dispose of property, each with its own independence.

Right of name and other rights and obligations. Husband and wife are protected by law. () Husband and wife are here.

The right of identity in family relations is formed by marriage and blood relationship.

Living unit. In the family, family members form an identity relationship and enjoy it.

Right of identity. For example: the relationship between parents and children; Grandparents, grandparents and grandchildren

Children, grandchildren, brothers and sisters, etc. Family relations are mainly

Reflected in the economic relationship of support, support and assistance; Inheritance of property;

Dominant relationship between family and property. 8. custody. Guardianship refers to the actions taken by citizens.

Rights enjoyed by guardians according to law. Parents or other guardians of their children

The person he needs to supervise enjoys the right to manage and educate the supervised person; Yes, the ward

The right to manage people's property. The purpose of exercising guardianship is to safeguard and ensure the legality of the ward.

Rights are limited, so guardianship is also an obligation.

Lecture Notes on Economic Law —— Chapter XIII Intellectual Property Law

Test center 1. The copyright of deductive works belongs to deductive works, which means adaptation and translation.

Works produced by translating, annotating and sorting out existing works. Copyright of deductive works

It is enjoyed by those who adapt, translate, annotate and arrange, but does not exercise copyright.

Infringe the copyright of the original work. The author of a deductive work only enjoys the deductive part.

Copyright does not enjoy the copyright of the interpreted work, nor does it have the right to prevent others from doing so.

Deduct the same original work. The copyright of a cooperative work belongs to a cooperative work

A work created by many people. The copyright of a cooperative work shall be jointly owned by the cooperators.

Yes Where a cooperative work can be used alone, the author may

Enjoy the copyright alone, but the exercise of copyright shall not infringe upon the whole cooperative work.

Copyright. If a cooperative work cannot be used alone, the cooperators shall have the right to the copyright.

If no agreement can be reached on the exercise, neither party shall stop the other party without justifiable reasons.

Exercise other powers except transfer, but the proceeds should be reasonably distributed to the institute.

There are collaborators. Ownership of copyright in assembly works The copyright of assembly works shall be determined by assembly.

People enjoy, but when exercising copyright, they shall not infringe upon the copyright of the original work. Youfa

Individuals or non-legal entities organize personnel to create and provide funds or materials.

Encyclopedias, dictionaries, teaching materials and large-scale photography with creative conditions and responsibilities.

The overall copyright of edited works such as picture albums belongs to legal persons or non-legal entities.

. Ownership of copyright of film and television works The copyright of film and television works shall be enjoyed by the producers,

However, writers such as screenwriters, directors, photographers, lyricists and composers enjoy the right of signature, including

The right to receive remuneration according to the contract signed with the producer. Scripts in film and television works,

Authors of works that can be used alone, such as music, have the right to exercise their copyright alone. .

Ownership of copyright in job works () The copyright in job works shall be enjoyed by the author, but

Legal persons or other organizations have the right to give priority to the use within their business scope. () Completed works

After adulthood, the author may not allow a third person to use it with the unit without the consent of the unit.

Use the work in the same way. () Within the year when the work is completed, the unit is within its business scope,

If it is not used within the scope, the author may ask the unit to agree to use it by a third party.

Similarly, the unit shall not refuse without justifiable reasons. () In progress

Within the year of completion, with the consent of the unit, the author allows a third person to use the photos with the unit.

The remuneration for using the work in the same way shall be distributed by the author and the unit in accordance with the agreed proportion.

. After () years of completion of the work, the unit may continue to use it within its business scope. Last/better/previous/last name

The annual deadline for the completion of a work is calculated from the date when the author delivers the work to the unit.

. () In any of the following cases, the author enjoys the right of authorship and copyright.

Other rights shall be enjoyed by legal persons or other organizations, and may

In order to reward the author: mainly use the material technology of legal persons or other organizations.

Conditional creation, and the legal person or its organization shall bear the responsibility of engineering design,

Product design drawings, maps, computer software and other job works; Law and administrative law

Laws and regulations or contracts stipulate that copyright shall be enjoyed by legal persons or other organizations.

Works. The copyright of commissioned works belongs to commissioned works and was created by others.

The work I made. The ownership of commissioned works's copyright shall be agreed by the client and the trustee.

Same agreement. If the contract is not clearly stipulated or concluded, the copyright belongs to

To the trustee. Ownership of copyright in works of art Works of art include painting and calligraphy.

Sculpture, architecture and other works. The transfer of ownership of the original artistic work should not be regarded as

The transfer of the copyright of a work, but the right to display the original works of art belongs to the original owner.

Enjoy it. Copyright ownership of unknown author's works

Goods, the legal holder of the original work shall exercise the copyright except the right of signature.

After the identity of the author is determined, the author or his successor shall exercise the copyright. The book was published.

Publishers enjoy the exclusive right to use the layout design of their published books, and this right is guaranteed.

The protection period is years, ending one year after the first publication of the book designed with this layout.

One day of the month. Newspaper publishers have the right to license or prohibit others from using their published periodicals.

The term of protection of this right is years, ending with the use of the layout-design.

Year, month and day after the magazine was first published. Copyright protection of examination center.

Personal rights () the right to publish. That is, the right to decide whether a work is open or not. () signature

That's right. That is, the right to identify the author and sign his name on the work. () the right to modify. that is

The right to modify or authorize others to modify a work. () protect the integrity of the work. that is

Protect the rights of works from distortion and tampering. Content of property rights of works. copyright protection

Protection period () the protection period of the author's right of signature, modification and protection of the integrity of the work.

Unlimited () the right of publication of citizens' works and the property right in copyright.

The protection period is the author's life and one year after his death, ending one year after his death.

Month and day; If it is a cooperative work, the deadline is the year after the death of the last deceased author.

One day of the month. () The works and copyrights of legal persons or other organizations (except for the right of signature) are owned by

Legal persons or other organizations enjoy the right of publication and copyright of works.

The term of protection of intellectual property rights is years, ending in the first year after the first publication of the work.

However, if a work is not published within a few years after its creation, it will no longer be protected by copyright law.

. (a) cinematographic works and works and photographic works created by methods similar to cinematography.

The term of protection of property rights in products, publishing rights and copyrights is years, ending with works.

The year after the first publication of the work, but the work was not published within the year after the completion of the creation.

, no longer protected by copyright law. Copyright restrictions () can be done without works.

No remuneration shall be paid to the obligee, but the name of the author and the name of the work shall be indicated.

Said, and shall not infringe upon other rights enjoyed by the copyright owner in accordance with the copyright law.

. () You don't need permission from the copyright owner, but you should pay remuneration according to the regulations. write