Traditional Culture Encyclopedia - Photography and portraiture - Property right protection period of photographic works

Property right protection period of photographic works

Legal subjectivity:

How is the protection period of photographic works stipulated? Film works and photographic works created by similar filming methods shall be protected for 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 50 years before and after the author's 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.

Legal objectivity:

Article 23 of the Copyright Law stipulates that the protection period of the publication right of natural person's works and the rights specified in Item 5 to Item 17 of Paragraph 1 of Article 10 of this Law is the author's life and 50 years after his death, ending at 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author. For the works of a legal person or an unincorporated organization, and the work of a post in which the copyright (except the right of signature) is enjoyed by a legal person or an unincorporated organization, the protection period of the right of publication is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the creation of the work; The term of protection of the rights specified in Item 5 to Item 17 of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it. For audio-visual works, the protection period of the right of publication is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the creation of the works; The term of protection of the rights specified in Item 5 to Item 17 of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.