Does the photographer have personal right to use the samples taken by the studio?

Whether the author of a photographic work is a citizen, a legal person or any other organization, confirm the copyright ownership of the photographic work,

First of all, it depends on the state where this work was produced. Different forms of creation have different copyright ownership.

Generally speaking, a photographic work has the following five forms:

1

Independent creation

; 2

Jointly create

; three

, commissioned creation

work

; four

Work

; five

, legal works.

1

Self-created works

2

For works created independently,

According to the Copyright Law of China,

Copyright belongs to the author,

The citizen who creates a work is the author.

That is to say, for photographic works,

If the photographer took the photos himself,

As long as the work does not violate the state.

There are no other provisions in the laws of the country, so the photographer has copyright in the work whether it is published or not.

This right includes the personal right and property right mentioned above. The works taken by freelance photographers when they go out for sightseeing fall into this category.

2

Co-created works

For cooperative works,

China's copyright law stipulates that

:"

Works jointly created by two or more persons,

Copyright cooperation

The author * * * also enjoys. People who don't participate in the creation can't be co-authors. Where a cooperative work can be used alone, the author

They may enjoy the copyright of their own creations separately, but the exercise of copyright shall not infringe upon the whole of the cooperative work.

That's right.

"

There is cooperation in literary creation and cooperative works in photography, especially some creative works.

Works of art,

From conception to scenery,

To shoot,

Sometimes it takes two people,

Even more than two people cooperate to complete,

The copyright of such works shall belong to the co-authors.

For example, two photographers work together in the studio.

When a wonderful photographic work is completed, it should be decided by two people whether the work is published or not.

* * * With the decision, the work began.

When it is published, two people should sign it, and the reward for using the work should also be shared by two people.

three

Work

Different countries have different regulations on the ownership of job works. In the Anglo-American legal system, more consideration is given to copyright.

This is a commercial interest. They stipulate that the copyright of work belongs to the employer, including legal persons, companies, organizations or others.

Organization. take for example

H

All business-related photos taken by Associated Press reporters are copyrighted by Associated Press. Civil law

three

As a country, it pays more attention to protecting the spiritual rights of copyright. Therefore, France, Germany and other countries have stipulated that if there is no special

Unless otherwise agreed, the copyright belongs to the author.

China's copyright law stipulates that

:"

Works created by citizens to complete the tasks of legal persons or other organizations are job works.

Products,

"

. Whether a photographic work belongs to a job can be considered from two aspects. First, the photographer and his unit.

Whether there is a labor relationship between them. This includes both formal labor relations with formal labor contracts and factual labor relations.

The existence of labor relations is the prerequisite for a photographer's work to become a job work.

Second, the creation of this photographic work is not

Belong to the scope of work tasks. If it is not a work shot to complete the task, it can't be regarded as a job work.

For the copyright of professional works, China's copyright law stipulates that

：

Unless stipulated by laws and regulations or agreed by contract in advance.

The copyright of the agreed post works shall be enjoyed by the author. At the same time, in order to protect the interests of the unit, the unit is within its business scope.

Give priority to the use, and within two years after the completion of the work, the author shall not permit the third party to use the photo without the consent of the unit.

Use the work in the same way.

However, legal persons or other organizations have the right to give priority to the use within their business scope.

Within two years after the completion of the work,

Without the consent of the unit, the author shall not permit a third person to use the work in the same way as the unit uses the work.

For professional works, China's copyright law also stipulates that in the following two cases, the author only enjoys the agency right of the work.

Name right,

Other copyrights of works shall be enjoyed by legal persons or other organizations.

The first case is the use of legal persons or others.

The material conditions of the organization, and the legal person or other organization shall bear the responsibility for the work.

The second situation is the law,

Administrative regulations or contracts stipulate that copyright shall be enjoyed by legal persons or other organizations.

For example, photographers make full use of it.

Unit equipment shooting,

Photographic works for which this unit is responsible,

Or the photographer in the labor contract signed with the unit.

Photographic works that clearly stipulate that the copyright belongs to the unit,

The author only has the right to sign,

Other rights of copyright in works shall be in units.

All of them.

four

, commissioned works

four

The work commissioned by the photographer belongs to commissioned works. According to the provisions of the copyright law

:"

entrust

Works created,

The ownership of copyright shall be stipulated by the client and the trustee through the contract.

There is a clear agreement at the end of the contract or not.

Where a contract is concluded, the copyright belongs to the trustee.

n

It can be seen that some photographers are entrusted by individuals or units to create.

If there is no contract in advance, the copyright of the photographic work belongs to the author. Like some photographers.

Star photos taken by the studio for customers,

If there is no agreement with the customer in advance,

Copyright of the work belongs to the photographer or

From the studio.

If the customer uses this work for any commercial purpose,

Photographers as copyright owners of works

Users can be held accountable. But at the same time, it should be noted that photographers are not allowed to use this work casually, because

For the use of photographic works, we should also respect the portrait right of the subject.

five

, legal person works

A legal person's work refers to a work hosted by a legal person or other organization.

Creating on behalf of legal persons or other organizations,

And by legal persons.

Or other organizations are responsible for the work.

As a natural person involved in the case, a legal person does not enjoy copyright in his works.

For example,

The Propaganda Department of the Municipal Party Committee organized the editorial board to edit and publish Dangdai.

xx

City landscape "album, if the photographic works are made by

The Committee presided over the filming,

Being a photographer represents the creative will of the editorial board.

The works in the album are also edited by the editorial board.

Take responsibility, then the editorial board is the author of the photographic work. The copyright of photographic works shall be exercised by the editorial board. Shoot this

Photographers of photographic works do not enjoy all the rights of copyright.

China's copyright law not only confirms that the copyright of works belongs to the author, but also stipulates some works under special circumstances.

Copyright ownership

：

Such as the copyright of adaptation, translation, annotation and arrangement of works.

Copyright of collective works

Movies,

Copyright of TV works etc.

Although the copyright ownership of photographic works can sometimes be quite sensitive and complicated.

But in order to protect their rights, photographers should pay attention to the copyright of photographic works. Because only photographers

five

Only by allowing others to use their own works can they own the copyright of their own works.

In order to get their works into the film market,

acquire

Get.