How long are photographic works protected by copyright?
Copyright of photographic works The period of use is fifty years.
According to the provisions of the "Regulations on the Implementation of the Copyright Law": the so-called "photographic works" refer to artistic works that record the image of objective objects on photosensitive materials with the help of equipment. "Portrait photography" is a kind of work that takes the portrait rights of a specific person as the object, conceives and creates by oneself, and uses photosensitive materials to record the image of the person.
According to China's relevant laws and regulations, the protection period of the right to publish, license and other related copyrights of natural people's works is the life of the author and fifty years after his death. However, the protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited. Copyright is also called "authorship". Refers to the rights enjoyed by the author or other persons (including legal persons) to a certain work in accordance with the law. For portrait photography works "entrusted" by the portrait right holder, the copyright shall belong to the person being photographed, that is, the portrait right holder, and the portrait right may be used by himself, unless otherwise agreed in the contract. The photographer completes the commission contract by creating based on another person's portrait, and the copyright belongs to the portrait owner.
Legal basis:
Article 23 of the Copyright Law, works of natural persons , the protection period for the right to publish and the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is the life of the author and fifty years after the death of the author, ending in December of the fiftieth year after the death of the author. 31st; if it is a joint work, the deadline is December 31st of the fiftieth year after the death of the last author.
For works and copyrights (excluding the right of authorship) of legal persons or unincorporated organizations, the protection period for the right of publication is five years. Ten years, ending on December 31, the fiftieth year after the creation of the work; the protection period of the rights stipulated in items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years, ending on the first time the work is created. fiftieth after publicationOn December 31 of the year, if the work has not been published within fifty years since its creation, this law will no longer protect it.
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