Research On The Photography Copyright Protection

As 1826, first picture of birth, photography begins to be concerned. People reject the former brushes, pens, cutting tools, begin to pay close attention to use chemical way left us with a clear image. Kodak put the technology to carry forward, modern society have a digital camera, make we shot up more convenient and quick. Photography is increasingly prosperous development, also more and more be enjoyed by people, anyone picked up in the hands of a camera can be recorded along the beautiful scenery and side pretty characters. Now all kinds of professional photography services for mass shooting portrait photo, a hunshazhao and various media advertisement documentary photos, all is the real life of portraiture. But as the photography technology popularization, from photography caused disputes will be more and more, The first case about photography copyright disputes is the infamous LiZhenCheng and FengJicai about photography copyright court case. Thus photography copyright begins to be concerned.In life often we would also imperceptibly in photography infringed or violate the rights of others,while for photography protection law did not catch up with the pace of The Times. Real life still have a lot of work of photography copyright can not get good protection, many photographic works of authors for CuQi eyebrows. It is for this reason, this paper work of photography copyright protection and probes into the problems of photography copyright protection put forward his own opinion.This paper mainly divided into the following several parts:Begin from the historical development of photography, the development of photographic works there is a system of introduction, enable readers to photography growing process have a whole understanding and, clarifies the necessity of photography copyright protection. In this part simultaneously to define the meaning of photography, mainly from direct interpretation and legal provisions in two aspects of photography meaning do define, and on the traditional photographic works of the meaning and the meaning of digital photography works two aspects to distinguish, make readers more clear understanding now photography classification and development situation.Secondly, introduces photography copyright protection of domestic and international rules. Mainly introduced in China's copyright law of photography regulation, foreign《The Berne convention》,《the world copyright convention》, the Trips agreement,《the world intellectual property organization copyright treaty》, and《the French intellectual property code》regulation. For these treaties compared, in order to get to know China's copyright law provisions in the existing gap for the improving Suggestions groundwork.In the third part of this paper, introduces the current photography copyright protection and the problems existing in the. mainly from photography produce time, photography works right restrictions, photography works copyright rights conflict with three aspects analysis present photography copyright protection several problems existing in the.Fourth part, analyses present situation of photography copyright protection, pass to our country photography works copyright protection legislation the analysis of the current situation and existing problems, at the same time on the third part of the current photography copyright protection existing problems in several Suggestions. Mainly include traditional photography and digital photography creation time distinguish treat, in traditional photography works with on film latent-image via fuser film flush out for boundaries, in darkroom division developed the photos as exceptions; Strengthening photography copyright collective management system, through the collective effort to request a photographic works of royalties, and the protection of photography author's related rights, can make the photography copyright get better protection; Balance photography works copyright and portrait interests, emphasis on social interests and rights of citizens of balance, both axiomatization, reference method of socialization trend of rational concept, Establish general rules; Perfect technical measures legislation and convenient copyright registration system copyright owner may to the national public power agencies in the works copyright register put on record, and obtain testimonial to reduce the litigation cost also guarantee the transaction security.