A Study Of Originality On Photographic Works

The development of photography technology has brought great challenges to the copyright law,and photography's becoming one of the object of copyright has experienced a dynamic process.Originality is essential for any work on copyright law,though photography has now become the object of copyright law,the level extent of originality on photography has not been concluded yet.The law hasn't defied the original judgment standard of photographic works,in practice,the court would prefer the creativity in the process of shooting,such as the selection of photographic equipment,shooting technology choice,the choice of image deposition as the originality standard of photographic works.However,this kind of "creative choice" alternative standard is a misunderstanding of originality.originality lies on the express itself instead of the authoring technology.As a country of civil law system,a low standard of originality would make many normal pictures photography,which is unfair and can't lead the right market.This article is divided into three parts,introduction conclusion and text.And the text is divided into three chapters.The main content of the first chapter is to raise the main topic and find the problem.This part first introduces the originality theory of the civil law system and common law system and in our country.Then raises two main questions.First,the misunderstanding of "creative choice" alternative standard has the theoretical difficulties and limitations,which would confuse the creativity and copy ofphotographic works.In the practice,the standard to judge originality of photography is lower than its supposing meaning,causing a lot of normal photos without originality also be protected by copyright,which is unfair and a waste of judicial resource.The second chapter is to analysis the originality of photography works.This part proposes that we should learn from the civil law institution and improve the judgement standard of originality via a comparative study on the different originality rules between civil law system and common law system.Also,the originality should judge from the final express of the photography work,rather than the creative choice during the creation.The main content of the third chapter is that china should classify photography works into two kinds according to the originality.Photos without originality should not be protected as photography works.Normal photos should be protected by neighboring right.And photography works should be classified into two kinds,creation of subject matter and rendition.