Cameraman makes public the small gain group of hair to illuminate
The chatting record of two people
"I was about to break down! " small elegant (alias) language belt cries antrum, she says she wants to remember those photographs are in cameraman hand only, feel pressure is very great, want to withdraw fund to him only, let him all photographs cutout.
Nevertheless, cameraman A is strong (alias) also feel grievance and anger, "It is normal originally pat about, she (small elegant) everywhere start a rumour, defile I, brought very big worry to me now. Brought very big worry to me now..
More than 10 days come, because model is small elegant an illicit that rises with cameraman A Jiang pats disturbance still not overblown. Nowadays, the network pats confidential to illuminate about more and more popular, how to hold illicit take dividing line, safeguard oneself right to also become heat to discuss a topic. The personage inside course of study and lawyer all suggest, had better make clear through signing a contract to reach acceptability, produce issue in order to avoid in the future.
Model: "I was cheated! "I was cheated!!
Small elegant it is foreigner, in Sichuan happy hill a company goes to work. Although stature does not calculate too tall, but she wants to become all the time model of a dress, joined early to pat QQ about group.
Be in group in, little elegant understanding cameraman A is strong. Small elegant say, in prattle, a Jiang says to be willing to give money to ask her to take a picture when model, "Because I also think the part-time job earns bit of money, agreed so. Agreed so..
"This is model of network of part-time job of my first time. " small elegant say, herself puts forward at that time with horary pay of 50 yuan of computation, think of the price is low, affirmation won't take the picture with the sort of lubricious affection. Small elegant say, she chats in QQ counteract A Jiang to agree, do not accept large scale photograph film requirement, cannot leak bottom pants, cannot pat pornography, cannot show ham root department.
On March 21 afternoon at 6 o'clock, small elegant the hotel of theme of Le Shan V+ that will to A Jiang book undertakes filming. "In the photograph print that he reads to me, the dress is done not have so short, it is outfit of a student. " small elegant say, dan Ajiang gives her clothes actually, the buttock cannot obscure completely, make a person very awkward.
Film a few things in the process more let small elegant cannot accept. "After entering a room, he wants to lock up the door instead. I say not to lock up the door, can open the door to take a picture only. " small elegant say, take a picture if the cameraman in the process still said a few pornography, for example " your leg can play one year " , still have other the topic of a few concerned sexes.
In addition, small elegant the partial photograph that thinks A strong beat comes out also was violated at the outset agreement. "Obviously I avoid to expose one's body as far as possible, he still pats pants after all to me, it is the photograph of a lot of show-through. " small elegant say, fall in her strong demand at that time, expunged the photograph of a few show-through in cameraman camera.
That evening at 9 o'clock, film end, a Jiang paid small elegant 150 yuan of pay. "I call him not to send a picture later, but he is sent publicly on small gain still. " small elegant feel these photographs are very indelicate, have very big difference with what she imagines, feel oneself do not have dignity namely, the feeling should break down, pressure is very great.
"I felt to be cheated! " small elegant say, she thinks those who pat is normal photograph originally, but the effect that come out is to let person coloured affection associate, cameraman still pats the pants end her secretly, fear he can recover from an illness the negative that delete. Small elegant want to be retreated film charge, give money to delete a photograph to cameraman additionally even, "But he says 200 yuan a piece, altogether patted 1600 pieces, means lets me buy his picture. Means lets me buy his picture..
Cameraman: "It is defile of start a rumour purely "
Small elegant pat about in QQ group li of condemn A Jiang, asking he deletes a photograph repeatedly not after fruit, little elegant choice call the police, sought local media to have exposure. For a short while, a Jiang was become " target of public criticism " . The friend that is familiar with his net name calls in succession ask him, what to do to family girl?
Small elegant think, a Jiang is filming her bottom pants is patted secretly in the process, be suspected of a gender annoying; The picture that after the event sends publicly is indelicate also, the effigies right that violated her and privacy counterpoise; Put forward 200 yuan a piece of picture that buys him also is suspected of extortionate.
"I am cameraman of freedom of learn on job, this is I make an appointment with model to take work for the first time, also be the photography technique that wants to raise oneself. " A Jiang says, he did not think of to be able to meet such job at all, it is quite hapless really.
Why should send the picture small gain? A Jiang expresses, above all, he is the model that pays cost to ask, he owns copyright to the photograph. Next, he had not wanted to want to send a picture originally, origin is small elegant pat about in QQ group in to defile of his start a rumour, say 50 yuan one hour to pat the pants end her intentionally still secretly. This makes him very angry, he just sent a picture in small gain.
About alleged pat bottom pants secretly, a Jiang says, whole journey is to catch pat, pants is patted after all without sense in filming, but exist to be patted secretly far from say, and she had deleted the photograph of show-through pants on the spot. As to the partial language that in filming, says it is to let her more loosen, take sexier picture. About photograph itself, a Jiang thinks, this is normal photograph, dress prop is to all be piled up, sex appeal but not pornography, nonexistent say indelicately, and herself places the movement. A Jiang guesses say, small elegant it is the money that disrelishs him to give little of ability make trouble.
Police: Belong to civil dispute the proposal talks things over or lawsuit is solved
According to policeman introduction, the foot at the beginning of the course consults knowledge, bilateral department is paid film photograph, cameraman owns photograph copyright, if put forward,buy photograph copyright to not be suspected of extortionate. Additional, prove to film the sexual in the process harasses behaviour without evidence at present, the sends picture after filming also does not attribute pornographic picture.
In police station, the policeman undertook be intercessoried simply to both sides. Final A strong cutout photograph. "This belongs to civil dispute category. " the policeman expresses, police has no right to ask cameraman deletes all photographs compulsively, if small elegant think cameraman violated an agreement, encroached its effigies authority, reputation authority, privacy right to wait, suggest both sides talks things over further or through civil suit channel is solved.
Lawyer
Cameraman enjoys copyright
Did not violate model effigies right
Beijing La Peng (Chengdu) Wang Ying of attorney office solicitor is occupied say, basis " civil code general rule " regulation: The citizen enjoys effigies right, agree without oneself, must not use the citizen's image in order to seek profits for the purpose. Effigies authority is the authority of a kind of character that the character increase that reflects on the to oneself image that natural person place enjoys is content.
Wang Ying is occupied think, cameraman pays cost to ask model to film, he owns photograph copyright namely, nonfeasance business is used can travel. Wang Ying occupies an explanation to say, if be the photograph of look good as result of recieving praise, cameraman undertakes travelling waiting for the purpose with seeking profits, be suspected of violating effigies right; If ordinary people sees pictures of these look good as result of recieving praise, can naturally and connection of pornographic picture photograph, created a kind of negative opinion to model, may have moral quality debase, was suspected of violating model reputation right.
In addition, wang Ying is occupied think, if agree without party, it is the picture that takes secretly purely, although not be a purpose with gain, the privacy that violates the person that be photographed likely also counterpoises.
About copyright, beijing power Nuo (Chengdu) attorney office Guo Jinfu's lawyer says, the characteristic that figure photographs depends on involving copyright and the issue that effigies counterpoises at the same time, general case falls to enjoy copyright by cameraman, the person that be photographed enjoys effigies right. Guo Jinfu thinks, cameraman pays cost to ask model to take a picture, if it were not for undertakes travelling waiting for the purpose with seeking profits, nonexistent the effigies that encroachs model counterpoises.
"The professional characteristic of model stated this kind of silent is shown namely agree. " Guo Jinfu thinks, model is based on industry property, to cameraman with its effigies films and publish what work uses at future, using is to know perfectly well and acquiesce, the limits of the effigies authority content of model release is extensive, cameraman ought to enjoy complete copyright.
Nevertheless, guo Jinfu suggests, the content of the respect such as protection of effigies authority, reputation authority should introduce in copyright, copyright person is encouraged to wait for form and effigies right person to reach through the contract on legislation clear and acceptability, produce issue in order to avoid in the future.
