照片是谁的

我发现一家公司把我的照片用在广告里了。我没有同意，他们也没有问过我。

I found out a company used my photo in an advertisement. I never agreed to it, and they never even asked me.

你说的是真的吗？他们怎么可以这样做？这张照片是你的，是你自己拍的东西。

Is that really true? How can they do that? This photo is yours, it's something you took yourself.

是啊，那张照片是我三年前拍的，我一直放在自己的网页上，从来没有卖给任何公司。

Yeah, I took that photo three years ago. I've always kept it on my own webpage, and I've never sold it to any company.

这是版权的问题。照片是你拍的，版权就是你的，别人想用，先要问你，得到你的允许才可以用。他们没有问你，就是不对的。

This is a copyright issue. You took the photo, so the copyright is yours. If someone else wants to use it, they have to ask you first and get your permission before they can. If they never asked you, then they were wrong to do it.

可是我要怎么证明这张照片是我的？他们要是说这是他们自己拍的，我怎么办？

But how do I prove this photo is mine? What do I do if they say they took it themselves?

你要找证据。你有没有在广告出现以前，自己发过这张照片？那就是很好的证据，能说明你比他们先拍到这张照片。

You need to find evidence. Did you post this photo yourself before the advertisement showed up? That would be good evidence, it would show you took the photo before they did.

我以前发过，还留着呢，时间也写得很清楚，比那家公司的广告早两年发的。这样应该可以证明是我的吧？

I did post it before, and I still have it. The date on it is very clear too, it's two years earlier than that company's advertisement. Should that be enough to prove it's mine?

应该可以证明版权是你的。你还可以去问那家公司，为什么用你的照片，是不是要给你钱。这是法律允许你做的事，你的照片被公司用来赚钱，你可以要求赔偿。

That should be enough to prove the copyright is yours. You can also go ask that company why they used your photo, and whether they should pay you. The law allows you to do this. If a company uses your photo to make money, you can ask for compensation.

赔偿？我从来没想过这个。要赔偿多少钱，谁来决定？

Compensation? I never even thought about that. How much compensation, and who decides?

这个不好说，要看那个广告用了多久，公司因为这张照片赚了多少钱。你先别急着要多少钱，先把证据都准备好，再去找他们谈。

That's hard to say, it depends on how long the advertisement ran and how much money the company made because of this photo. Don't rush to name a number first. Get all your evidence ready, then go talk to them.

好，我知道该怎么做了。先把以前发的照片都留好，再去问那家公司，如果他们不同意赔偿，我也知道法律是站在我这边的。

Okay, I know what to do now. First I'll keep the photos I posted before, then I'll go ask that company. If they don't agree to compensate me, I also know the law is on my side.

对，法律是站在你这边的，只要证据准备得清楚，你就不用怕。

Right, the law is on your side. As long as your evidence is clear and ready, you have nothing to be afraid of.