Who owns the copyright of photographic works
Definition of photographic works according to the "Regulations on the Implementation of the Copyright Law" , Photographic works refer to artistic works that use equipment to record the image of objective objects on photosensitive materials or other media. Generally speaking, passport photos taken with automatic cameras are generally not recognized as copyrights because they do not contain human intellectual creations; in addition, ID photos taken of people can become objects of copyright protection.
However, because the ID photo requires a true and clear reproduction of the appearance of the subject, it does not reflect the photographer’s understanding of things and the thoughts and emotions to be expressed, and The completed work is mainly used for identity verification of the photographed subject, so objectively there is no need to protect the photographer's copyright in the ID photo. On the contrary, if the copyright is owned by the photographer, it may affect the normal use of the ID photo. In practice, the photographer takes ID photos at the request of the customer, and the photographer charges a photography fee. After the filming is completed, the negatives and printed photos are delivered to the subject. This actually constitutes a commissioned creative relationship between the two parties in law: the photographer is entrusted to take photos. And deliver the negatives, it is deemed that both parties confirm that the copyright of the completed work belongs to the client, that is, the subject, and the subject can decide on the use and processing of the photos independently. Due to the purpose of the ID photo, the subject generally does not claim to be the person who took the photo, and there will be no damage to the photographer's rights of signature and other rights.
Unlike the ID photo, the character art Photography, whether it is a completely personalized photography or a modeled (makeup, scenery, modeling and formatting) artistic photography, requires more intellectual creative input from the photographer, including grasping the characteristics of the photographed object and expressing the concept, framing layout, and lighting. , application of skills, etc., and pursue artistry and highlight the beauty of the characters. Therefore, artistic photos of people fully comply with the definition of photographic works stipulated in copyright and can obtain copyright. Since portrait photography involves the portrait rights of the person being photographed, its use will involve both copyright and portrait rights issues. The photographer and the subject should properly resolve the issues of use and ownership of rights through specific agreements in the commission contract.
The above text isExplanation of relevant issues such as who owns the copyright of photographic works. On this basis, if you have other questions about the copyright of photographic works, it is recommended to consult a professional copyright dispute lawyer at Legal Savior Network in a timely manner. Only in this way can disputes be effectively avoided. , protect your own legitimate rights and interests.
