Copyright of News Pictures-How to Define the Copyright of News Pictures

Are news pictures protected by copyright law? News pictures are protected by copyright law. According to relevant laws and regulations, the works of China citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright according to law. The aforementioned works refer to the intellectual achievements that are original in the fields of literature, art and science and can be expressed in a certain form.

legal ground

/kloc-article 2 of the copyright law of People's Republic of China (PRC), which came into effect on June 0.

Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.

essay

The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Whether news pictures are protected by copyright law depends on whether this kind of news only expresses "pure fact news", that is, whether photo news and text news pictures can meet the constitutive requirements of works.

The so-called works refer to intellectual creations that are original in the fields of literature, art and science and can be reproduced in some tangible form. News pictures that meet the above requirements belong to works and are protected by copyright law; If it cannot meet the characteristics of originality and reproducibility, it is not protected by copyright law.

legal ground

Copyright Law Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Creation in the following forms: (1) written works; (2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.

How to define the copyright of news pictures as photographic works, news pictures are protected by copyright law. Except for the fair use stipulated in Article 22 of the Copyright Law and the statutory permission stipulated in Article 42, it must be used with the permission of the obligee.

The copyright of news pictures is the same as that of other pictures, and there is no special provision in the law.