Traditional Culture Encyclopedia - Photography and portraiture - On the photographer's copyright. If the studio shoots samples and the latter company wants to buy them, should the studio pay the photographer's copyright fee?
On the photographer's copyright. If the studio shoots samples and the latter company wants to buy them, should the studio pay the photographer's copyright fee?
Article 16 of China's Copyright Law stipulates the ownership of the copyright of job works:
(1) The copyright of general post works belongs to the author. The unit enjoys priority for use within two years. If you say "a company wants to buy them", then the photo studio can only be sold if it has the right to use it. The copyright belongs to the author, that is, the photographer, so the unit cannot sell it to them.
(2) Work with special responsibilities. Copyright belongs to the unit, and the author enjoys the right of signature. There are two situations.
A creation is mainly based on the material and technical conditions of the unit, and the unit shall bear the responsibility. "Material and technical conditions" refers to the funds, equipment and materials provided by the unit for the author to complete his creation.
B. Work in the position enjoyed by the unit as stipulated by laws and regulations or agreed in the contract.
It seems that the laws and regulations I personally understand do not stipulate that the copyright of your case belongs to the unit. Then I don't know if you and the studio have agreed on copyright in a contract. You can check the contract you signed with them.
If the copyright is yours, that is the first case mentioned above.
If the company wants to buy it, it will give you a fee.
There are two situations:
The first is that the company takes it for a limited time. Then you can sign a "license contract" with the company. Remember, this is a limited time.
The second is direct acquisition. The copyright has been sold to that company. Then you have to sign a "transfer contract" with the company to transfer all the copyright to the company. After the contract comes into effect, you will no longer enjoy the property rights of the work, that is, you will not benefit from the use of the work. However, the personal rights of works still exist, including the right of signature, the right of modification and the right to protect the integrity of works.
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