How to Write the Copyright Ownership of People's Photos —— How to Judge the Copyright Ownership of Portrait Photographs

The copyright of the photo belongs to the photographer. However, if it is confirmed that the photos were taken by others, the ownership of copyright shall be agreed by the entrusting parties through contracts. If the agreement is not clear, the copyright belongs to the trustee.

legal ground

Article 18 of the Copyright Law of People's Republic of China (PRC)

A work created by a natural person after completing the task of a legal person or an unincorporated organization belongs to a job work. Except as stipulated in the second paragraph of this article, the copyright belongs to the author, but the legal person or unincorporated organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.

Article 9

Copyright owners include:

(1) author;

(2) Other natural persons, legal persons or unincorporated organizations that enjoy copyright according to this Law.

Article 19

The ownership of commissioned works's copyright is stipulated by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.

What is the copyright of the photo? What are the rights of personal rights in the copyright of photo works? What are the rights of publication? What is the meaning of signature right? What is the meaning of the right to modify? What is the significance of protecting the integrity of works? I sorted out the content of "copyright ownership of photos" to answer your questions.

Copyright ownership of photos

Generally belongs to the copyright owner. If it belongs to commissioned works, it shall be in accordance with the entrustment contract.

Personal rights in the copyright of picture works, also known as spiritual rights, refer to the rights that the author enjoys to his works without direct property content through personal contact. Personal rights in copyright include the right to publish, the right to sign, the right to modify and the right to protect the integrity of works.

(1) The right to publish is the right to decide whether a work is made public, such as publishing a photographic work in a photography magazine.

(2) The right of authorship refers to the right of the author to sign his name on the work, and to show his identity by exercising the right of authorship: of course, the author can also sign his own stage name or pen name, or voluntarily choose not to sign his name under certain conditions.

(3) The right to modify refers to the right to modify or authorize others to modify a work, such as the photographer appropriately cutting his own photos. Generally speaking, photo editors repair the scratches of the pictures submitted for review, fine-tune the color and brightness, and moderately cut the pictures for typesetting, which does not constitute an infringement of the right to modify works.

(4) The right to protect the integrity of a work is the right to protect the work from distortion and tampering. As far as the picture is concerned, without the authorization of the author, it is not allowed to cut or deform the picture, add or delete the image in the picture, change the color of the picture, etc.

The property rights in the copyright of picture works are mainly the right to use and the right to receive remuneration. The right to use mainly means that the author or copyright owner can use the picture by copying, distributing, renting, exhibiting, playing, adapting and spreading on the Internet. The right to remuneration means that the copyright owner of a picture uses the picture in various ways to obtain material and economic returns. All the rights mentioned above are recognized in China, but the copyright law does not stipulate another right in property rights-the right of renewal. In fact, the right of renewal is of great significance to the copyright owner of the picture.

Legal analysis on how to determine the ownership of the copyright of portrait photography works: 1. The copyright of self-made portrait works belongs to the photographer himself.

2. Be in tune. The copyright of a work created in cooperation with others belongs to all parties.

3. commissioned works. If a person is entrusted to shoot, the copyright ownership of the work can be agreed by both parties in advance. If there is no agreement, then the copyright belongs to the trustee, that is, the photographer

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 11 Copyright belongs to the author, except as otherwise provided by this Law.

The natural person who creates a work is the author.

A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.

Article 14 The copyright of a work created jointly by two or more persons shall be shared 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.