On The Protection Standard Of Photographic Works Under Intelligent Tools

China’s current legislation stipulates high protection standards of photographic works. As a result, many photos taken by intelligent tools are excluded from the scope of work. In order to meet the public needs of more photos to obtain copyright protection, the courts ignore copyright law and lower the protection standard. Consequently, there is a clear conflict between the judiciary and the legislation. The scholars’ theory of protection standards is still based on the traditional photographic works. There is little attention paid to the intelligent photographic works. To break current dilemma, there are two solutions available for reference:dual track protection mode and anti-unfair competition law protection mode. However, the two models have many deficiencies and do not apply to China. Therefore, this paper attempts to reconstruct protection standards and replace original standard with the non-material labor standard. This paper contains four chapters:The first chapter is an overview of intelligent photographic works. Intelligent photographic works are photographs created by intelligent equipment with intelligent mode. Compared with the traditional equipments, there are many advantages with intelligent tools, such as easy to take photos, directly display photos, cost savings, storage convenience and easy to post-processing.The second chapter analyzes the current situation and problems of protection standards of photographic works from theoretical research, legislation and judicial practice three aspects. Firstly, vagueness of legislation causes judicial disunity. Secondly, courts lower the requirements of originality, which results in conflicts between justice and legislation. Lastly, scholars have not reached agreement on originality. And it is difficult for current protection standard to deal with the challenges of technological development.The third chapter comments on two protected modes of photographic works. One is the dual-track protected mode, which protects original photographs by copyright and protects non-original photographs by neighboring right; the other is to maintain high protection standard and protect non-original photographs by anti-unfair competition act. However, the two solutions have some deficiencies and do not apply to China.The fourth chapter tries to reconstruct protection standard of photography. Because of high legislative protection standards, limited object of neighboring rights and immateriality, intelligent photographs is difficult to seek protection from law. Therefore, this chapter proposes non-material labor standard as protection standard of photographic works. For non-material labor, such as photographs, as long as it is produced under the control of human consciousness, it can be works. The theory of labor protection, return on investment and benefits of law are the theoretical basis.