Who owns the copyright of news photos-who owns the copyright of taking photos?

Is the news copyrighted? Legal analysis

News organizations have copyright. Copyright is copyright. The scope of copyright is not limited to the rights of authors, but also includes the rights of editors and other rights. Although the current affairs reports of newspapers and radio stations do not enjoy the rights of the works themselves according to law, works such as words and pictures are produced by news organizations through editing activities such as revision and arrangement, and news organizations enjoy copyright in their editors.

legal ground

Article 14 of the Copyright Law of People's Republic of China (PRC), the copyright of a work created jointly by two or more persons shall be jointly owned 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.

Who owns the copyright of taking pictures? If it is an individual act, it belongs to the photographer.

If it is a photo of a news organization, the copyright belongs to the organization, and the photographer enjoys the right of signature.

The main form of film works is photographs, and if there is a negative, the negative is the original; There is no negative film, and it is taken directly on the photosensitive printing paper. The positive film of the printing paper is the original, and the rest are replicas. If there is no evidence to the contrary, the legal holder of the negative or positive of the photographic paper exercises the copyright of the photographic work. The owner of the original photographic work enjoys the ownership of the original photographic work, that is, the right to possess, use, benefit and dispose of the original photographic work, and the owner also enjoys the right to exhibit the photographic work.

Whether news pictures are protected by copyright law depends on whether this kind of news only expresses "pure fact news", that is, whether photo news and text news pictures can meet the constitutive requirements of works.

The so-called works refer to intellectual creations that are original in the fields of literature, art and science and can be reproduced in some tangible form. News pictures that meet the above requirements belong to works and are protected by copyright law; If it cannot meet the characteristics of originality and reproducibility, it is not protected by copyright law.

legal ground

Copyright Law Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Creation in the following forms: (1) written works; (2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.