Can portraits be copyrighted?
1. The copyright belongs to the photographer all.
"Copyright Law"
Article 11 Copyright belongs to the author. This law also provides Except as specified. The citizen who creates the work is the author.
2. As long as the celebrity is not used for the following purposes, it may constitute infringement.
"Copyright Law"
Article 22: Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the copyright owner's license in accordance with this provision shall not be infringed. Other rights enjoyed by law:
(1) Use the published Works of others for personal study, research or appreciation;
(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;
(3) In order to report current affairs news, unavoidable reproduction or quotation of published works in newspapers, periodicals, radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, but the author declares that they are not allowed to be published, except broadcasts;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, but the author declares that they are not allowed to Except for publishing and broadcasting;
(6) For school classroom teaching or scientific research, translating or copying a small amount of published works for use by teaching or scientific researchers, However, publication and distribution are not allowed;
(7) State organs perform official duties within reasonable limits Use published works;
(8) Libraries, archives, memorial halls, museums, art galleries, etc. may make copies for the purpose of displaying or preserving versions. Collected works;
(9) Free performance of published works, the performance does not charge fees to the public, nor pay remuneration to the performers;
(10) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;
(11) Translate works written in the Chinese language that have been published by Chinese citizens, legal persons or other organizations into ethnic minority languages for domestic publication and distribution;
(12) Convert already published works into Braille for publication.
3. All rights to the copyright belong to the copyright owner, and other people do not have the rights, except when authorized by the copyright owner, so the celebrity does not have the right to use it.
4. Celebrities enjoy portrait rights, and the copyright holder must obtain the consent of the portrait rights holder before conducting commercial activities.Civil CodeArticle 990 [Definition of Personality Rights] Personality rights are the rights to life, body, health, name, name, portrait, reputation, and honor enjoyed by civil subjects rights, privacy and other rights.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy rights arising from personal freedom and personal dignity.other personality rights.
The above content is the relevant answer. Normally, if we register our own portrait rights as copyright, others cannot use it. , if you want to use it at this time, you must pay the relevant fees. During the copyright registration process, we need to apply. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
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