Traditional Culture Encyclopedia - Photography and portraiture - How to Protect the Copyright of Photographic Works-How to Protect the Copyright of Photographers
How to Protect the Copyright of Photographic Works-How to Protect the Copyright of Photographers
Legal basis: Copyright Law of People's Republic of China (PRC).
Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work.
Article 12 The natural person, legal person or unincorporated organization of a signed work is the author and has corresponding rights in the work, unless there is evidence to the contrary. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.
Legal analysis of how photographers protect the copyright of their pictures: In order to better protect the copyright of their pictures from being used or modified by others or enterprises at will, photographers can promptly file copyright protection with relevant departments after completing their works. After applying for copyright protection, if others use their works at will, the copyright owner can also apply for compensation according to law and ask the other party to stop the infringement.
Legal basis: Article 48 of the Copyright Law of People's Republic of China (PRC) stipulates that a television station shall obtain the permission of the copyright owner or video producer of the audio-visual work and pay remuneration for broadcasting other people's audio-visual works or video products; Playing other people's video products shall also obtain the permission of the copyright owner and pay remuneration.
What laws protect the legal subjectivity of photographic works in China?
How is the protection period of photographic works stipulated? The term of protection for cinematographic works and photographic works created by methods similar to cinematography is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works; However, if the work is not published within 50 years after creation, the copyright law will no longer protect it. The duration of copyright protection is generally decided by each country according to its own economic and cultural development. Judging from the history of copyright legislation, the protection period of early copyright legislation is usually short, and the protection period after the 20 th century is long; The protection period of developing countries is short, while that of developed countries is long; The protection period of general literary, artistic and scientific works is longer, while that of photography, practical artistic works, audio-visual works and film works is shorter. Generally speaking, most civil law countries emphasize the protection of the author's personal rights, thus stipulating that the protection period of the author's personal rights is infinite and permanent; Common law countries and a few civil law countries stipulate that the protection of personal rights of works is also limited, or it is extended to a period of time after the author's death or the same as the protection period of copyright property rights. China's copyright law stipulates the protection period of personal rights and property rights of works respectively. According to the provisions of the copyright law, the author's right to sign, modify and protect the integrity of the work is not restricted. That is, these three rights are permanently protected by law. Because the author's right to publish is closely related to the author's exercise of property rights over his works, the copyright law has made other provisions. According to Article 2 1 of the Copyright Law, the protection period of the right of publication is the same as that of the property right in copyright, and the copyright protection period of photographic works is limited to the author's life and 50 years after his death. I hope that through the above contents, you can have a deeper understanding of some related issues in the protection period of photographic works. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
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