1. How to exercise filming rights
1. According to my country’s Copyright Law It stipulates that the filming right is generally exercised by the copyright owner himself, but the copyright owner can also entrust others to exercise the filming right, or transfer the filming right to another person.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Article 10 Copyright Including the following personal rights and property rights:
(7) Rental rights, that is, allowing others to temporarily use film works and works created with methods similar to filmmaking, and computer software for a fee rights, except for computer software that is not the main subject of the lease;
(10) Screening rights, that is, the public reproduction of art, photography, photography, etc. through projectors, slide projectors and other technical equipment Rights to films and works created by methods similar to filmmaking;
(13) Filming rights, that is, rights to make films or works similar to filmmaking The right to fix the work on a carrier;
Article 15 The copyright of film works and works created by methods similar to filmmaking is enjoyed by the producer. However, authors such as screenwriters, directors, photographers, lyrics, and composers have the right to sign and are entitled to receive remuneration in accordance with the contract signed with the producer.
The authors of works such as scripts and music in film works and works created using methods similar to filmmaking that can be used independently have the right to exercise their copyright alone.
2. What are the administrative penalties for infringement of filming rights
(1) Warning. It's an administrative agencyThe warnings and condemnations given to offenders are mainly applicable to relatively minor violations.
(2) Order to stop making and distributing infringing copies. The function of this form of punishment is to prevent the infringer from continuing to make profits by making and distributing infringing copies, but it does not touch the income that the infringer obtains from making and distributing infringing copies. Therefore, it is inappropriate to use this method alone when the infringer has already obtained benefits.
(3) Confiscation of illegal gains. It refers to paying all the profits obtained by the infringer through the infringement to the national treasury. This form of punishment is a supplement to the previous form of punishment, and the combination of the two can leave the infringer with nothing.
(4) Confiscate infringing copies. In order to prevent the infringer from distributing the infringing copies whether or not they have been produced and causing further damage to the victim, it is necessary to confiscate the infringing copies.
(5) Confiscate the equipment for making infringing copies. For those infringers who may continue to infringe, in order to fundamentally eliminate the possibility of continuing to make infringing copies, it is necessary to confiscate their equipment for making infringing copies.
(6) Fine. my country's "Regulations on the Implementation of Copyright Law" stipulates that those who plagiarize other people's works will be fined 100 yuan to 5,000 yuan; those who counterfeit other people's works of art will be fined 1,000 yuan to 50,000 yuan. For other copyright infringements that can be subject to administrative penalties, a fine of 10,000 to 100,000 yuan or two to five times the total price can be imposed.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Copyright Law, filming rights are generally exercised by the copyright owner himself, and copyright People can also entrust others to exercise the filming rights, or transfer the filming rights to other people. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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