Study On The Legal Attribute Of Drawing The Existing Photography

Drawing by referring to the existing photography is an important way of artistic expression.As an important type of fine art work,it is regulated and protected by the Copyright Law.But at present,there is no definite law or rule that has been made about it in our country's Copyright Law.And also in academic circles,there are no agreements made in the consensus of views and conclusions.Besides,right infringement cases occurred due to the ambiguous definition of existing photography and drawing reference to the existing photography have constantly increased in judicial practice in recent years which demands for solutions.Therefore,further analysis and research on this problem is of great value and significance.This paper aims to make the legal protection of this kind of work clearer in theory and the main content of this study is based on the problem.This paper is mainly divided into the following chapters,Chapter 1: the legal issues of drawing the existing photographic works.This chapter,as an opening part,points out the prominent legal issues to be solved in this paper.That is,drawing works that do not mark the the reference of the photographic works and how to mark the contents of the reference effectively and reasonably.The opening of this chapter seems abrupt,but in fact,it is intentional because the two issues are the most prominent and critical issues in the process of the determination of the legal attributes of the behavior,and it is the most important foothold of innovation in both theoretical and judicial practice.The audience should pay particular attention to these issues.Chapter 2: The basic characteristics of drawing.This chapter mainly introduces the concept and the characteristics of the drawing.From the angle of art,this chapter sorts out the historical development,manifestation and technical characteristics of the behavior so as to let the audience have a clearer understanding of the drawing behavior.Chapter 3: the legal attributes of drawing the photographic works.The main purpose of this chapter is to determine the nature of the rendering behavior in theory.This paper argues that,from the nature of the law,the rendering of work is an independent creation,its behavior is different from copying and the rendering behavior is an act of adaptation.According to the characteristics of the law,the behavior of rendering has four forms including drawing by remaining all the essential characteristics,drawing by partially amending the existing photography,draw by quoting and referring the existing photography and drawing by distorting or mutilating the existing photography.The descriptions of the characteristics of the four types of drawing lay a solid foundation for the theoretical study in the next chapter.Chapter 4: the two legal forms of the behavior of drawing.This chapter takes the behavior as the starting point,discussing the specific types of behavior in the legal and tort forms.Through using specific cases,this chapter analyzes various manifestations and summarizes the composition elements of two different legal forms.This paper believes that the constituent elements of the lawful behavior mainly include the legal and scope of the subject,and the elements of infringement include unauthorized permission of the copyright owner,the use of the content of photography by others for commercial purposes and the lack of other legal basis to use the contents of others' works.Chapter 5: two legal forms of the drawing work.Consistent with the structure design of the previous chapter,this chapter introduces the performance types of the works under different legal forms,and also summarizes the basic elements of the work under the legal and illegal forms,especially for the tort law form.combined with the characteristics of the drawing work,this paper concludes the general constituent elements of the painting infringement.Chapter 6: Legal Discussion on giving the source of the original photography.The chapter aims to solve the problems put forward in the first chapter.This chapter mainly emphasizes the legitimacy and necessity of labeling the source of the photographic works in the drawing works,and also makes a detailed discussion on how to cite reasonably.The article divides different types of photography according to different standards,and lists the specific contents that need to be indexed in each case,which provides an important reference for the perfection of legislation in the future.Chapter 7: basic principles of reasonably drawing the existing photography.This chapter puts forward two principles which can not only protect the copyright of the photography works but also let the photography provide better service for the society.These two principles can achieve a balance between the drawing works and photograph works as well as achieve the purpose of the protecting related copyright and promote the prosperity in the field of arts.