What are the issues regarding the use rights and copyright of photos in Photo studios
"National Copyright Bureau’s reply on whether there is copyright in photos taken in photo studios”
1. According to Article 23 of the Implementation Regulations of the Copyright Law, copyright begins when the work is created. arise. The law does not require non-profit status as a condition for copyright creation. All works, including photography taken in studios, are protected by law.
2. The relationship between the customer and the photo studio should belong to the contract relationship in civil law. Photos produced as a result of contract relations shall be classified as commissioned creations as stipulated in Article 17 of the Copyright Law. This article stipulates: "The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract. If the contract is not expressly stipulated or no contract has been concluded, the copyright belongs to the trustee." Obviously, the copyright of the photos taken in the photo studio, If there is a contract agreement, the ownership of the copyright shall be determined according to the contract. If there is no contract agreement or the contract is not clearly agreed, the copyright shall be presumed to belong to the photo studio. If the copyright of the photo belongs to the photo studio, if others use the photo in the manner stipulated by the copyright law, they must obtain the permission of the photo studio in advance.
3. Since the photos may also involve the customer's portrait rights, the photo studio should abide by the provisions of Article 100 of the General Principles of the Civil Code when exercising copyright, that is, profit-making use For photos, permission from the portrait owner must be obtained in advance.
After reading this article, we will clearly understand the answer to this question. The law also has corresponding regulations on issues of use rights and copyright. We need to use photos correctly to avoid infringing the copyright of others, which will result in corresponding legal penalties. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
