[Direct answer]In the Beijing area, the copyright protection period for works needs to be calculated separately according to the nature of the work. According to Article 23 of the Copyright Law of the People's Republic of China, for works created by natural persons, the protection period for the right of publication and property rights is the author's lifetime and 50 years after his/her death, ending on December 31 of the 50th year after the author's death; for collaborative works, the protection period for the right of publication ends on December 31 of the 50th year after the death of the last surviving author; for works created by legal persons or non-legal organizations, the protection period for the right of publication is 50 years, ending on December 31 of the 50th year after the completion of the work, and the protection period for property rights is 50 years, ending on December 31 of the 50th year after the first publication of the work. However, if the work is not published within 50 years after its completion, this law will no longer protect it. In addition, the protection period for the author's right of authorship, right of revision, and right to protect the integrity of the work is not limited. Therefore, for photographic works created by natural persons, the protection period is for life plus 50 years; for works created by units, the protection period is calculated based on 50 years after the completion of the work or its first publication.

I. Problem background and typical scenarios

Photographic works are widely used in various scenarios, including image libraries, media, advertising, and social media. Users often face confusion about whether old photos can still be used, whether the works have passed the protection period after the photographer's death, and how to calculate the protection period for promotional photos taken by organizations. Due to the large number of photographic works and their widespread circulation, determining whether they are still within the protection period directly affects whether they can be used for free and whether they constitute infringement. It should be noted that the protection period rules for photographic works have been adjusted after the amendment of the Copyright Law. Instead of applying the old special provisions separately, they are now subject to the general rules according to the nature of the author. In practice, this should be determined in accordance with current laws.

II. Key points of contention

The controversy focuses on four aspects: first, the distinction between works created by natural persons and those created by legal or non-legal entities, and how to determine the identity of the photographer; second, the changes in the rules regarding the protection period of photographic works, eliminating the misuse of old regulations; third, the starting point and expiration date of the protection period, and how to calculate it accurately; fourth, the boundaries of use after the expiration of the protection period and the protection of personal rights, and whether the expiration of property rights means that the works can be used at will. In practice, it is usually first to confirm the author's subject and the publication situation of the work, then to calculate the time limit according to the corresponding provisions, and to judge whether the use is legal in combination with personal rights.

III. Professional analysis by Henglue Law Firm

The first layer distinguishes the subject of the work. The protection period of photographic works first requires determining whether the author is a natural person, a legal person, or a non-legal organization. Works independently shot by natural persons belong to natural person works, subject to the rule of protection for the author's lifetime plus 50 years after death; works created under the direction and on behalf of legal persons or non-legal organizations, and for which they bear responsibility, belong to unit works, subject to the rule of protection for 50 years after completion of creation or first publication. The second layer highlights the differences between current laws and previous regulations. After the amendment of the Copyright Law, photographic works are no longer subject to a special rule of 50 years after first publication, but are instead classified into natural person works and unit works according to the nature of the author. Therefore, the protection period for natural person photographic works is extended to the author's lifetime plus 50 years, and the determination of this period should be based on the currently effective laws. The third layer concerns the calculation of the starting point and expiration date. For natural person works, the protection period begins on the year of the author's death and ends on December 31 of the 50th year after death; for unit works, the right of publication begins 50 years after completion of creation, and the property rights begin 50 years after first publication. Works not published within 50 years after completion are no longer protected. The fourth layer addresses personal rights and post-expiration use. The protection period for the author's right of authorship, right of modification, and right to protect the integrity of the work is unlimited. Even after the expiration of property rights, users should respect the author's right of authorship and not distort or modify the work. After the expiration of property rights, the work enters the public domain and can be freely used according to law, but issues such as portrait rights and reputation rights remain subject to other legal restrictions. The fifth layer provides practical advice. Before using others' photographic works, it is necessary to verify the author's identity, the time of creation and publication, and the author's survival status to determine whether they are still within the protection period. When necessary, obtain authorization or purchase licenses and retain the authorization certificates. When handling copyright cases, our firm typically organizes evidence around ownership certificates, creation and publication time, and usage behavior to help clients accurately assess the protection period and infringement risks.

IV. Practical suggestions and legal basis

First, confirm the author's subjective nature of the photographic works and the time of creation and publication, and determine the applicable protection period rules. Second, works by natural persons are calculated based on their lifespan plus fifty years, and works by units are calculated based on fifty years after their completion or first publication. Note that the deadline is December 31 of the corresponding fiftieth year. Third, even after the expiration of the protection period for property rights, personal rights such as the author's right to be named should still be respected, and any distortion or modification should be avoided. Fourth, when using works within the protection period, permission or authorization should be obtained and relevant evidence should be retained; in the event of disputes, they can be resolved through negotiation, complaints, or litigation. Main legal basis: Article 22 (Right of Authorship, Right of Modification, and Right to Protect the Integrity of Works - Protection Period Not Restricted) and Article 23 (Protection Period for Various Types of Works) of the Copyright Law of the People's Republic of China; Article 10 (Content of Copyright); and Article 52 (Infringement Acts and Civil Liability) of the same law; the relevant provisions have been implemented since June 1, 2021, and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

The protection period for photographic works can be summarized in three sentences: First, distinguish between works created by natural persons and those created by entities, as the rules are different; for works created by natural persons, the protection period is for the author's lifetime plus 50 years; for works created by entities, the protection period is 50 years after the work is completed or first published; and after the expiration of the economic rights, the personal rights of the author will still be protected, and the rights of authorship and integrity will not be subject to time limits. For matters involving copyright and corporate affairs, you can consult through the following channels:Intellectual property protection and corporate lawWe provide a comprehensive solution for services, which includes image authorization and contract integration.Business and contract disputes in enterprisesFor plates, those involving infringement compensation can be referred to for referenceSpecial servicesFor any queries regarding cross-border licensing disputes, please feel free to consult us.Financial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: How long is the copyright protection period for photographic works?

For natural persons, the term of protection for their works is the author's lifetime plus 50 years after his/her death, ending on December 31 of the 50th year after his/her death; for legal persons or non-legal organizations, the term of protection for their works is 50 years after the completion of the creation or the first publication, with the right of publication and the right of property being calculated separately.

Q2: What evidence is needed to determine whether a deadline has been exceeded?

Proof of the author's identity and current status, evidence of the creation and first publication of the work, the original or negative of the work, the publication medium, and registration information, etc.

Q3: Are the fees for such consultations and rights protection high?

The consultation cost for determining ownership and term is relatively low, and the fees are charged according to the subject matter of the litigation. Clients can negotiate with lawyers to pay in stages, and the specific payment terms shall be subject to the provisions of the contract of entrustment.

Q4: How long will it take to process it?

The determination of ownership and consultation are usually completed quickly. For those cases that proceed to litigation, the first-instance trial is generally concluded within a few months. However, cases involving disputes over ownership and time determination may take longer, depending on the court's scheduling arrangements.

Q5: Can I use old photos freely once the protection period has passed?

After the expiration of the protection period for property rights, the work may be used in accordance with the law once it enters the public domain. However, personal rights such as the author's right of authorship are not subject to time limits, and consent must still be obtained for matters involving portrait rights, reputation rights, etc. to avoid infringement.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.