Traditional Culture Encyclopedia - Photography and portraiture - Do you still have copyright after the photo is authorized to others?

Do you still have copyright after the photo is authorized to others?

Hello! License is a basic right of copyright owner in copyright law. The first paragraph of Article 24 of the Copyright Law stipulates: "A license contract shall be concluded with the copyright owner for the use of other people's works, except that no license is required according to this Law." Therefore, in addition to reasonable use, the organizer also needs to sign a license contract to use your work. Paragraph 2 of Article 24 of the Copyright Law stipulates the contents of a licensing contract: "A licensing contract includes the following main contents: (1) the types of the rights to be licensed; (2) The licensing right is exclusive or non-exclusive; (three) the geographical scope and duration of the license; (4) payment standards and methods; (5) Liability for breach of contract; (6) Other contents that both parties think need to be agreed. " The types of rights include: the right to publish, the right to sign, the right to modify, the right to protect the integrity of works, the right to copy, the right to distribute, the right to rent, the right to exhibit, the right to perform, the right to display, the right to broadcast, the right to spread information through the Internet, the right to film, the right to adapt, the right to translate, the right to assemble and other rights that copyright owners should enjoy. The first four are spiritual rights, and the latter is economic rights. However, as a photographic work, there may not be as many economic rights as those listed above, such as performance rights, projection rights, broadcasting rights, setting rights, translation rights, assembly rights, etc., which belong to the right holders of specific works. The above is the permission of copyright. If you license some of your rights to the other party, then the unauthorized rights still belong to you, and the other party infringes your rights without permission, you can defend your rights, and the law will support it; If you license all the rights of a work to another party, then you have no rights to the work. If we defend rights again, the law will not support it.

In addition, the copyright law also stipulates that the copyright owner can transfer all or part of his economic rights, which needs to be agreed in the transfer contract. See Article 25 of the Copyright Law for details.

Infringement treatment: Article 27 of the Copyright Law stipulates: "Without the consent of the copyright owner, the other party shall not exercise the rights not explicitly approved or transferred by the copyright owner in the license contract or transfer contract." See Articles 47, 48 and 49 of the Copyright Law for details. If the other party infringes on your rights, you can claim and safeguard your rights through administrative mediation, civil mediation and civil litigation.