Traditional Culture Encyclopedia - Photography and portraiture - Does the photography capture the infringement of passers-by?

Does the photography capture the infringement of passers-by?

Legal subjectivity:

The author owns the copyright of a photographic work, and if the photographic work is infringed, he shall obtain compensation in accordance with the provisions of Article 49 of the Copyright Law. Article 49 of the Copyright Law stipulates that if copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

Legal objectivity:

Article 20 of "Copyright Law of People's Republic of China (PRC)" The transfer of the ownership of the original work does not change the ownership of the copyright of the work, but the right to display the original works of art and photography is enjoyed by the original owner. The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish. Article 52 Anyone who commits one of the infringements mentioned in Item 7 and Item 11 of the first paragraph shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses. According to the circumstances: (7) using other people's works without payment; (eleven) other acts of infringement of copyright and copyright-related rights.