Traditional Culture Encyclopedia - Photography and portraiture - Who should own the negative copyright of children's art photos?

Who should own the negative copyright of children's art photos?

Photographers enjoy the copyright of their artistic photography works (except for the transfer of copyright due to the employment contract signed between the photographer and the studio).

However, if the photographer's artistic works are portraits of citizens or portraits taken at the request of customers, then the photographer's copyright in this kind of artistic photography is incomplete, and only the right of signature is reserved. Other rights, such as the right to publish, the right to modify, the right to use and get remuneration, and the right to protect the integrity of the works, cannot be exercised because they conflict with the portrait right of the portrait holder. The negatives of artistic photography, according to the provisions of portrait rights, should still be owned by the portrait owner. Unless otherwise agreed.

legal ground

Article 20 of the Patent Law stipulates that the transfer of the ownership of the original work does not change the ownership of the copyright 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The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right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.