Shulou(Shulou.com)11/24 Report--

On the morning of August 16, news, these two days well-known photographer rights protection visual China incident caused heated discussion, both sides on the copyright of the picture dispute.

In response, You Yunting, senior partner of Shanghai Dabang Law Firm and intellectual property lawyer, told Sina Technology: "Looking at the statement of Visual China, they only have the right to sell their works without copyright authorization and corresponding rights protection rights of their works. In this case, they exercise the right of copyright protection to the picture users and ask the other party to pay hundreds of yuan for each picture authorization fee for past use behavior. The nature of this behavior, I think, is the right to protect rights. If it is negligent, it is suspected of impersonating rights protection and infringing upon the rights of picture copyright owners. If it is intentional and is a large-scale and widespread act of the company, in addition to civil tort, it is suspected of fraud and may be subject to administrative punishment. Serious circumstances, such as concealing the facts of rights protection, not paying the share fee to the copyright owner, may even be suspected of fraud crime. "

The well-known photographer @jeff's starry sky tour made a public voice on Weibo yesterday, saying that he received a phone call from Visual China, saying that his public account infringed on their 173 photos and compensated them for more than 80,000 yuan! Jeff said he had not cooperated with Visual China, nor had he passed on their gallery, asking Visual China to give a reasonable explanation.

In response, Visual China said that after preliminary verification, the photographer authorized Stocktrek Images to sell the pictures, which Stocktrek Images authorized to Getty Images for sale. As the exclusive partner of Getty Images in the mainland of China, Vision China has complete sales rights including relevant pictures, and the sales authorization chain of relevant pictures is clear and complete.

Today, Jeff once again issued a post saying that he does not accept the view of visual China. It also stated that it had verified with Stocktrek that Stocktrek clearly informed Vision China that it had no right to sell its works and that it did not have any copyright in its works. Getty also has no right to sublicense her work. "There is no misunderstanding here. Up to now, you are still illegally selling my works online, falsely claiming to me and others that you own the copyright of your works and claiming compensation. Please stop your abuse immediately!! "

Jeff as the photographer of the photo, will his and his company's use of the photo involve infringement? You Yunting lawyer said, Photo photographer, If the right to the photo in the form of exclusive license to a third party, Then their own use should also obtain the authorization of the third party, But if the authorization is only a general license, Or exclusive license, Reserve their own right to use, Can continue to use.

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