Traditional Culture Encyclopedia - Photography and portraiture - Copyright issues in school photography competition
Copyright issues in school photography competition
Legal. Once you confirm, you agree and are willing to transfer the copyright to the organizer. But his statement is unfair. For detailed information, you can refer to the following. Copyright, also known as copyright, refers to the general term for the property rights and personal rights that natural persons, legal persons or other organizations enjoy in accordance with the law on literary, artistic or scientific works. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author. Regardless of whether the works of Chinese citizens, legal persons or other organizations are published or registered, their copyrights accrue from the date of completion of the creation. Article 9 of the "Copyright Law" Copyright holders include: (1) Authors; (2) Other citizens, legal persons or other organizations that enjoy copyright in accordance with this law. (1) For works created by individual citizens, the citizen who created the work is the author, and the citizen enjoys copyright in the work.
(2) For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author. The legal person or other organization owns the copyright to the work.
(3) For works created jointly by two or more people, the copyright is shared by the co-author ***. If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created. (4) For works produced by adapting, translating, annotating, and organizing existing works, the copyright belongs to the person who adapts, translates, annotates, and organizes them.
(5) A work that compiles several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of its content reflects originality, is a compilation work, and its copyright is enjoyed by the compiler. .
(6) For film works and works created by methods similar to filmmaking, the copyright belongs to the producer, but the screenwriter, director, photographer, lyricist, composer, etc. have the right to authorize the script, music, etc. The author of a work that can be used alone has the right to exercise his or her copyright alone.
(7) For commissioned works, the ownership of the copyright shall be agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
(8) Works created by citizens to complete the work tasks of legal persons or other organizations are professional works, and the copyright is enjoyed by the author. However, if one of the following circumstances occurs, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations:
a. The creation is mainly made using the material and technical conditions of the legal person or other organization, and is created by the legal person or other organization Engineering design drawings, product design drawings, maps, computer software and other professional works for which other organizations are responsible;
b. Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.
(9) The right to display original works of art belongs to the original owner.
(10) For works whose author is unknown, the owner of the original work shall exercise the copyright except for the right of signature. The transfer of copyright refers to copyright as a property right, including reproduction rights, distribution rights, exhibition rights, public performance rights, broadcast rights, adaptation rights, translation rights, compilation rights, and arrangement and annotation rights, or any of them. The legal transfer of one or more powers from one civil subject to the control of another civil subject. The legal consequence is that once the copyright is transferred, the transferor loses the right. Therefore, to be precise, the transfer of copyright refers to the transfer of copyright property rights. The transfer of copyright inevitably involves the issue of the author's personal rights. According to the nature of the personal rights of the author, it is obviously non-transferable. Our country adopts a dualistic approach when it comes to copyright transfer. The Copyright Law clearly divides copyright into two parts: personal rights and property rights. While stipulating that pure personal rights always belong to the author, it also clearly stipulates that the copyright owner can transfer all or part of the copyright. The property rights of the copyrighted work can be transferred in accordance with the agreement or other provisions of the copyright law.
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