Who enjoys the right to display the original photographic works?

The copyright owner has the right to exhibit the work by himself or authorize others to exhibit it and get paid.

The exhibition must be aimed at an unspecified majority of people. If only a few people in the family or unit enjoy it, it can't be counted as an exhibition. The works in the exhibition can be published or not. If an unpublished work is exhibited, it involves the exercise of the right of publication. China's Copyright Law stipulates that if others are allowed to exhibit unpublished works, it should be presumed that the exhibitor has obtained the right to publish the works at the same time. Therefore, for unpublished works, you can exercise the right of exhibition and publication at the same time.

Copyright and property rights of American photographic works or copyright and citizens' personal rights sometimes overlap. When the property right and copyright of the original works of art and photography belong to different owners respectively, the right to display belongs to the property right of the works, but it can only be realized by means of the carrier of the works. Therefore, it is bound to be limited by the original property right. China's Copyright Law stipulates that after the original ownership of an artistic work is transferred, the exhibition right belongs to the original ownership of the work. At the same time, it should be noted that the exercise of the right to display works should be coordinated with the right to portrait and privacy. If the content of the work involves the privacy of others, care should be taken not to infringe upon the privacy of others when exhibiting the work.

Because property rights and copyright are different types of rights, the owner of property rights and the intangible property of works based on things-copyright can be separated. China's Copyright Law stipulates that copyright belongs to the author, and other natural persons, legal persons and other organizations can obtain copyright through inheritance, but obtaining the property right of the original or copy of a work and obtaining the copyright of a work are two different concepts. Therefore, this paper emphasizes the separation between the tangible form of property ownership and the intangible property right with intangible property as copyright.

It is precisely because of the particularity of photographic works and other works that many people will take obtaining the originals of works such as art works as a way for the transferee to obtain copyright.

legal ground

Copyright law of the people's Republic of China

Article 18 A work created by a natural person after completing a task organized by a legal person or an unincorporated person is a job work. Except as provided in the second paragraph of this article, the copyright belongs to the author, but the legal person or unincorporated organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.

In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by a legal person or an organization without legal personality, which may reward the author:

(1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other job works created mainly by using the material and technical conditions of a legal person or an unincorporated organization, which are under the responsibility of the legal person or an unincorporated organization;

(2) Professional works created by staff of newspapers, periodical agencies, news agencies, radio stations and television stations;

(3) Job works whose copyright is enjoyed by legal persons or unincorporated organizations according to laws, administrative regulations or contracts.

Article 20 The transfer of the ownership of an 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 creator.

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.

Article 21 If the copyright belongs to a natural person, after the death of the natural person, the rights specified in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be transferred according to law within the protection period specified in this Law.

If the copyright belongs to a legal person or an organization without legal personality, after the change or termination of the legal person or organization without legal personality, the rights specified in Items (5) to (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or organization without legal personality who undertakes its rights and obligations within the protection period specified in this Law; If there is no legal person or unincorporated organization that undertakes its rights and obligations, it shall be enjoyed by the state.