Traditional Culture Encyclopedia - Photography and portraiture - Urgent! About my photo ownership, is it infringement?

Urgent! About my photo ownership, is it infringement?

According to China's copyright law, the copyright of photographic works belongs to the author, who is the creator of the works.

In other words, it's not from the studio or yours, but from the photographer who took your picture.

Thus, negatives (including digital negatives) belong to the author, and the right to copy, display and publish photos belongs to the author, that is, the photographer. Unless you agree, your unauthorized publication and advertising to friends are infringement. However, it is not infringement for you to give photos of the photo studio to your friends, because it does not involve the content of copyright, but only the transfer of property rights.

The circulation of photographic paper is the transfer of property rights, while the reproduction and display of the contents carried in photos are the category of copyright, which are two different concepts in law.

However, while enjoying the copyright, the author shall not infringe upon your legitimate rights and interests such as portrait rights, reputation rights and privacy rights.

China's "General Principles of Civil Law" stipulates that using a portrait for profit without the permission of the portrait owner constitutes an infringement of the portrait right, while using it for advertising here violates your portrait right.

For example, publishing indecent photos of you may infringe on your reputation or privacy.

These are the provisions of the law. If there is a contract, it shall be handled according to the agreement.