Does the right to use the photos taken belong to the photographer or the model?

Belonging to the model and his company, it is necessary to sign a portrait use contract.

Baidu library has samples, which are extracted as follows:

The first party

(

Model or theme

)

party B

(

camera operator

)

Party A and Party B have reached an agreement on the use of pictures, negatives or photographs bearing the portrait of Party A as follows:

1. Party A allows Party B to provide the following information

year

moon

Rizai

Photographs, negatives or photographs taken with Party A's portrait enjoy the right of permanent preservation.

right of use

(

It is suggested to attach a portrait photography sample to the agreement.

)

Second,

Party B is selling.

When there are pictures, negatives or photos of Party A's portrait,

Party A agrees to use the original works for commercial purposes.

Make reasonable modification and treatment, but Party B shall not or authorize a third party to send pictures, negatives or photos with Party A's portrait.

Change it to libel, obscenity, indecency or any immoral pictures.

;

3. Party A permits Party B to grant and allow Party B to use pictures, negatives or photographs containing Party A's portrait.

Use and publish in various media.

;

4. Party B shall protect Party A's privacy right, and shall not disclose Party A's relevant information at will without Party B's consent.

;

Five,

Party A agrees with Party B and the people and units representing Party B's interests,

While in custody,

When making or using this lens,

No longer bear legal responsibility for the right to portrait and use.

Six,

Party B can

Or authorize a third party to send pictures with Party A's portrait.

﹑

Photographic base plate

Or photos.

Proper use of words

Or other descriptive language, and then use the modified work for the purposes permitted by law, such as publishing, news, advertising, etc.

Party A will not impose restrictions and get extra remuneration.

;

Portrait right use contract

Self-image right use authorization agreement

Contract number:

Portrait Authorized Party (hereinafter referred to as Party A)

Name:

_________

Gender:

_____

Age:

____

Occupation:

________________

Contact address:

_______________________________

Contact information (telephone)

_________

Portrait user (hereinafter referred to as Party B)

Name:

_________

Gender:

_____

Age:

____

Occupation:

________________

Contact address:

_______________________________

Contact information (telephone)

_________

According to the relevant provisions of the Advertising Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC), in order to clarify the portrait,

The obligations and rights of the user and licensor reached the following agreement through friendly negotiation (namely, portrait use authorization agreement).

Same)

1. As the owner of portrait rights, Party A voluntarily gives his own portrait rights (when and where to shoot what works, how many or how many).

Party B is granted limited right to use.

(Use the form and quantity of portraits)

Second, the form of use is limited to (magazine cover, online communication, book publishing, exhibition, outdoor or book advertising, etc.). )

Wait a minute. )

; The distribution scope is limited to domestic (or provincial, municipal, county), or international, a country, etc. ); Portrait media and its communication mode

Wai)

Third, the life of portrait painting is from

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moon

day by day

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moon

Day (that is, from the official appearance in the above media to the last one.

Period or more than a period of media)

Four. Party A and Party B agree that Party B will use Party A's portrait in the form, scope and time of the first, second and third items mentioned above.

Party B shall pay Party A cash RMB (in words:

) Yuan (including tax)

Verb (abbreviation of verb) change of portrait authorization:

In the process of using the portrait, when the portrait user needs to use it in other media (other than the media agreed in this contract), he must take it in advance.

Get the consent of the portrait authorizer; During the use of the portrait, if the portrait licensor needs to authorize the other party, it must obtain the consent in advance.

The consent of the portrait user (refers to the portrait works taken in the first item of this contract)

6. Party B promises to abide by the Advertising Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC).

Shall not damage the legitimate rights and interests enjoyed by Party A. If Party B violates the provisions of this contract, it will bear the liability for breach of contract (in the contract).

Agreed liability for breach of contract)

7. Any dispute arising from the interpretation or performance of this Agreement between Party A and Party B shall be arbitrated by the contract arbitration institution or brought to a people's court.

Litigation (settlement can also be agreed in the contract)

Eight. Matters not covered in this agreement shall be regarded as a supplementary agreement to this agreement after both parties reach an agreement through consultation.

Nine. This agreement shall come into force as of the date of signature by both parties. This agreement is made in duplicate, one for each party.

X. this agreement is signed on

year

moon

Sign in at (somewhere).

Authorized person of portrait (signature or seal)

Portrait user (signature or seal)