Photographic Copyright Law —— How is the copyright of photographic works realized and protected?

Legal analysis on how to protect the copyright of photographic works: The following methods can be used to protect the copyright of photographic works, 1. Video keeps evidence. Using video to retain evidence, on the one hand, this method is low in cost and difficult to implement, on the other hand, recording sneak shots is more convincing evidence and so on.

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

Article 3 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) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work.

Article 12 The natural person, legal person or unincorporated organization of a signed work is the author and has corresponding rights in the work, unless there is evidence to the contrary. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.

How is the copyright of photographic works realized and protected? Focus: master plan for copyright protection of photographic works.

1, the realization and protection of the copyright of photographic works is related to the legitimate rights and interests of every photographer, as well as fairness and justice. In essence, it is closely related to each of us.

(The "photographer" here refers to China citizens, whether photographers or photographers, as long as they are taking pictures or taking pictures, of course, it refers to originality, that is, "photographer")

2. The copyright of photographic works is realized in the following ways.

First, laws and regulations stipulate. People's Republic of China (PRC) Copyright Law, People's Republic of China (PRC) Copyright Law Implementation Regulations and Copyright Collective Management Regulations all have provisions. On this point, the previous teacher has introduced it very well.

According to the relevant laws and regulations, the copyright of photographic works belongs to the photographer and must be signed when used, which is the embodiment of the author's personal rights, and electronic works are no exception. Not signing is infringement!

Second, there must be a substantial "carrier". In other words, you should have your own original works. This is easier to understand. Don't reach for something that doesn't belong to you.

3. How to protect the copyright of your photographic works (this is the key. It concerns all of us)

First, protect and save the original picture, which has the relevant parameters of the work and is generally saved in raw format. In layman's terms, you should leave a "manuscript".

Second, "sign" or "stamp" the delivered works, or put them on.

"Watermark" Of course, if it is a submission, it must be done according to the user's requirements.

Third, treat the work fairly. For your important works, you can go to a fair organ (notary office) for justice, and the notary office will issue a "notarial certificate". This is a very legally binding document.

Fourth, sign up. That is, the author applies to the relevant registration department for work registration, and the registration department issues the author registration certificate.

Fifth, in essence, we should consciously abide by the law, self-discipline, act according to law, and safeguard legitimate rights and interests.

Teachers are kindly requested to criticize and guide.

thank you

Who owns the copyright of the photos taken by the photo studio? Generally speaking, it belongs to the photographer. The copyright ownership of the photos taken by others shall be agreed by the entrusting party through the contract. If the agreement is not clear, the copyright belongs to the trustee.

However, the General Principles of the Civil Law stipulates that citizens have the right to portrait and may not use their portraits for profit without their consent.

First of all, the object of copyright protection is

The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish.

(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.

Second, the contents of the copyright mark are as follows

1, statements such as plagiarism or copyright are not allowed, or a circle is added outside the English abbreviation C of this statement. If it's an audio-visual product, it's the letter P with a circle outside.

2. The name and abbreviation of the copyright owner.

3. Date of publication and distribution of the work. This method is widely used, because it is required by universal copyright convention, and the marking method is simple.

legal ground

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Copyright Law Article 19 The ownership of copyright in commissioned works shall be agreed upon by the client and the trustee through a contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.

Article 20 The transfer of the ownership of the original work does not change the ownership of the work, but the right to display the original works of art and photography shall be enjoyed by the original owner.

The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish.