Traditional Culture Encyclopedia - Photography and portraiture - How long is the protection period of photographic works?

How long is the protection period of photographic works?

Legal analysis: The copyright term of photographic works is fifty years. According to the relevant laws and regulations of our country, the copyright protection period of natural person's works, such as the right of publication and permission, is 50 years before and after the author's death. However, the term of protection of the author's right of signature, modification and protection of the integrity of the work is not limited. Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law. The copyright of a portrait photographic work commissioned by a portrait right holder belongs to the person being photographed, that is, the portrait right holder, and the portrait right can be used by himself, unless otherwise agreed in the contract. The photographer created on the basis of other people's portraits, thus completing this entrustment contract, and the copyright belongs to the portrait owner. According to the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC), the so-called photographic works refer to artistic works that record objective images on photosensitive materials with the help of instruments. "Portrait photography" is a kind of work that takes the portrait right of a specific person as the object and records the image of that person through self-conception, creation and photosensitive materials.

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

Article 22 The term of protection of an author's right of authorship, right of revision and right to protect the integrity of a work is unlimited.

Article 23. Natural person's works, including the right of publication and the rights stipulated in Items 5 to 17 of Paragraph 1 of Article 10 of this Law, shall be protected for 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.