Traditional Culture Encyclopedia - Photography and portraiture - On the Copyright of Calligraphy Photos
On the Copyright of Calligraphy Photos
According to the relevant provisions of Article 11 of China's Copyright Law, copyright belongs to the author, that is, the citizen who created the work is the author, but the legal person or other organization presides over the work and creates it on behalf of the legal person or other organization, and the legal person or other organization bears the responsibility.
In addition, there are some special circumstances before, which are explained in detail in Article 12- 19 of China's Copyright Law:
If an existing work is adapted, translated, adapted, translated, annotated or arranged, the copyright shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe upon the copyright of the original work.
For a work created jointly by two or more persons, the copyright shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.
A compilation of works, fragments of works or materials that do not constitute a work, but the selection or arrangement of its contents reflects originality, is a compilation of works, and its copyright shall be enjoyed by the assembler, but the exercise of copyright shall not infringe upon the copyright of the original work.
Works created by citizens to complete the tasks of legal persons or other organizations are job works, and the copyright is generally enjoyed by the author, but legal persons or other organizations have the right to give priority to the use within their business scope. In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or other organizations, which may reward the author:
(1) mainly works on engineering design drawings, product design drawings, maps and computer software. , using the material and technical conditions of legal persons or other organizations to create, shall be borne by legal persons or other organizations;
(2) to hold a position in which a legal person or other organization enjoys copyright as stipulated by laws, administrative regulations or contracts.
The ownership of commissioned works's copyright is stipulated by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.
According to the content of your question, the transfer of the original ownership of works such as art and calligraphy is not regarded as the transfer of the copyright of the works, but only the right to display the original works of art is transferred to the original owner, and the copyright still belongs to the author.
In addition, the law clearly stipulates that the citizen, legal person or other organization who signs a work is the author unless there is proof to the contrary. In order to effectively prove the author's identity in litigation and actively develop and protect copyright, it is suggested that you apply for copyright registration or copyright deposit in Yuanbao when the work is completed. The issuing speed is fast, the effective judgment recognizes the judicial effect, and professional rights lawyers provide legal support throughout the process.
If you have any other questions about the determination of picture infringement, please enter Yuanbao official website for free professional legal consultation to protect the copyright of the works and make them more valuable!
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