Does the copyright in portrait photography belong to the photographer or the subject?

Portrait photography not only has the photographer's copyright, but also includes the photographer's portrait right, which are two independent rights enjoyed by the copyright owner and the photographer. The copyright owner (photographer) should respect the portrait right of the photographer when exercising his rights, so the photographer is not allowed to exercise his copyright at will, especially when publishing and displaying these photos, which is most likely to lead to disputes over the portrait right. The copyright of portrait photography works can only play its true value when it is used. Therefore, before publishing and displaying portrait photography works, the photographer (portrait owner) should get the consent, otherwise the photographer will infringe on others' portrait rights while exercising his own rights. Portrait photography, like other works, has three forms: 1 If it is shot by itself, the copyright belongs to the photographer himself; 2. If the film is shot in cooperation with others, the copyright belongs to all parties involved. 3. The person entrusted to shoot is commissioned works, a photo studio and other common photographic works of business nature, and the ownership of their copyright should be agreed with the client (the subject of shooting) through a contract. Because Article 17 of China's Copyright Law stipulates: "The ownership of commissioned works's copyright shall be agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or no contract is concluded, the copyright belongs to the trustee. " Here, if the copyright is determined to be owned by the client (subject) through the contract, then the photographer cannot enjoy the right to publish and the right to publish, otherwise it is infringement. On the contrary, if the copyright belongs to the principal (photographer), although the ownership of the work belongs to the principal (photographer), the photographer can't use the work for publication or publication without the photographer's authorization, otherwise it is also infringement and also needs to bear civil liability. The copyright ownership of such works can be agreed by both parties in advance. If there is no agreement, then the copyright belongs to the client, that is, the photographer. Portrait right of portrait photography works is the personality recognition of natural persons, which reflects their appearance attributes. Its basic contents include three items: first, the exclusive right to make portraits in any form at any time, and the right to prohibit others from illegally making their own portraits; The second is the exclusive right to prohibit others from illegally using their portraits, which also includes the right to transfer the right to use portraits; Third, the right to safeguard interests, except the obligee, everyone has the obligation not to infringe. As the subject of photographic works, he has the right to prohibit the display of his portrait or to display his portrait in other commercial ways. Once copyright is formed, the commercial use of portrait right must also be approved by the copyright owner. Therefore, the use of this kind of dual-right attachment of a person's photographic works must be approved by every relevant obligee, otherwise there will be the danger of infringement. For photographers and publishers, it is a dilemma. It is necessary to protect the copyright of photographers and the rights and interests of models. How to ensure that you will not infringe on your rights and how to exercise your rights in portrait photography? The safest way is for all parties to reach a compromise, agree to exercise their rights and avoid disputes. This agreement is mainly like the current agreement. Because the use of portrait photography involves several rights, it is of course more complicated than the general copyright use agreement and needs professional people to make or check it. The licensing agreement is signed because of portrait photography, so photographers and models must make clear the copyright of their works before shooting. If someone sues the photographer for remaking or even taking candid photos, if there is no proof, the photographer may bear civil liability. Therefore, we must first sign a shooting contract or "model authorization" with the model, make it clear that the copyright belongs to the photographer, obtain the portrait authorization of the model, and unify the photographer's copyright with the model's portrait right. In this way, photographers can be prepared when using their works and avoid some unnecessary troubles. In addition, authorization also includes the right to use the work. If it is taken in a studio, all photographic negatives should be returned to the customer. Without the customer's consent, the photographer can't use the photos for other purposes. Even if the photographer employs portrait photography models for creative needs, it is very important whether the photographer wants to use these works or where to use them. Many photographers use photos because the shooting contract is not strict, or the photos are not signed, and the result is in court. This involves how to sign a shooting contract with the model. First of all, it is very necessary and knowledgeable to sign a shooting contract. If the agreement is not clear, it is not much different from no agreement. Avoid verbal agreements and pay attention to contract specifications. Secondly, the content format of the shooting contract should be standardized and legal. Generally, the shooting time, shooting location, purpose of the work, scope of use, copyright ownership, model remuneration, liability for breach of contract, etc., and the autographs of photographers and models are required.