Study On The Selection Of Photo Protection Modes

The copyright law of China endows original photographic works with the legal status as the object of copyright,but there are not provisions on non-original photos,which leads to a large number of valuable non-original photos(such as aerial photos,satellite photos,and micro-photography photos)cannot be protected.Whether the nonoriginal photo should be protected and how to be protected are the discussion topic of this paper.To solve the problem of the non-original photos' protection,the first problem to be solved is what's the non-original photo,and the first problem to determine what's the non-original photo is how to distinguish the non-original photo from the original photo.the non-original photo refer to products that record the image of an objective object on a photosensitive material or other medium by means of instruments.The difference between the non-original photo and the original photo is that the former is not original,while the latter is original.Our courts' judgment on the originality of photographic works adopts the "criteria for selecting photographic techniques",which violates the relevant law and legal principles and it should be discarded.The judgment of originality should be returned to the judgment of whether the expression of the picture itself has creativity.Foreign Protection Patterns of the non-original Photo can be roughly divided into two categories: one is the protection mode of the copyright system countries,and the other is the protection mode of the authorship system countries.After consulting the above protection modes,this paper puts forward protection mode of the non-original photo that includes non-original photos as the objects of adjacent rights and further protects the rights and interests of photo makers.In addition,whether it is feasible to protect the non-original photo by granting them neighboring rights needs further analysis.The standard should be considered when expanding the object of neighbouring right,including "non-original criteria","standards relating to work or information similar to a work ","communication functional criteria" and "non-creative input criteria".When the object of dispute meets the above criteria,it is necessary to consider taking it as the object of neighbouring right.The non-original photos meet the above four criteria.It shows that there are sufficient legal basises to protect the non-original photo by giving them the corresponding right of adjacency.the non-original photo can be considered as the object of the right of adjacency,so as to protect the rights and interests of the right holders.Finally,the core of the design of the photo system is to give the photo a certain right of adjacency.Specifically,it can give personal rights such as photo publishing right,as well as property rights such as copying right,distribution right and information network dissemination right.