Hi Lawyer, I have this problem, I hope you can help me.
I am an amateur photographer only, if I have free time, I go to take pictures and then post it on fanpage to promote. But a few days ago I found out there was another page using my picture without recording the source. I contacted to ask if they should not answer. What should I do now?
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to Point h, Clause 1, Article 14 of the 2005 Intellectual Property Law, as amended in 2009 and 2019 (current Intellectual Property Law), photographic work is a type of art work protected by copyright. fake. According to Clause
According to Clause 1, Article 6 of the current Intellectual Property Law, copyright arises from the time a work is created and is expressed in a certain material form, regardless of content, quality or form. , medium, language, published or unpublished, registered or unregistered.
According to Clause 3, Article 28 of the current Intellectual Property Law, publishing a work without the author's permission is an infringement of copyright.
According to Article 202 of the current Intellectual Property Law, the Court applies the following civil remedies to handle organizations and individuals that have committed acts of infringement of intellectual property rights:
1. Forced termination of infringing acts
2. Forced public apology and correction
3. Forced performance of civil obligations
4. Forced compensation of damage
Contact your question, photographic work is one of the types of work that is protected by copyright. In it, your copyrights to the images have been arisen since you were taken, because then the background has been fixed on a particular image created by you. In other words, you are the author of your photos.
The fanpage that you mentioned using your photo without recording the source is an illegal use, arbitrarily publishing photographic works without your permission.

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