Research On Copyright Protection Of Photography Works In Digital Environment

There are a large number of copyright disputes in photographic works,especially in the digital environment.Once a photographic work becomes a well-known work,it will have a huge dispute of property interests,which has great legal value and practical significance for its protection.In the digital environment,there are three main dilemmas in the protection of copyright of photographic works.First,the digital environment will affect the judgment of the originality of photographic works;second,it is difficult to determine the copyright ownership of photographic works;third,the copyright of photographic works is extremely vulnerable to infringement.Therefore,the author combines the outstanding problems of copyright protection of photographic works in the digital environment,analyzes and elaborate separately,and thinks about how to fully protect the interests of copyright owners of photographic works in the digital environment.The influence of the digital environment on the judgment of originality of photographic works is as follows: first,the fool-style photography or fully automatic photography weakens the originality of the photographs taken;second,the postprocessing of photographic works affects the determination of originality.The article reorganizes the originality judgment of photographic works.After analyzing the originality judgment standards of the civil law system and the Anglo-American legal system,it re-examines the originality standards of China's photographic works.Furthermore,the article finds out the way to identify the "creativity" of photographic works under the influence of digital environment.The creativity of photographic works should be divided into three types: reproducible,snap-shot and creative based on different standards.Faced with the problem of difficulty in determining the copyright ownership of photographic works,the article comprehensively analyzes the various rights confirmation methods such as watermarks,copyright registration certificates,copyright symbols and declarations,and the application of blockchain technology confirmation,pointing out the reasons for the difficulty in determining the copyright ownership of photographic works.It also demonstrates that blockchain technology can be applied in the field of copyright confirmation.Regarding the issue that the copyright of photographic works in a digital environment is extremely vulnerable to infringement,the key reason lies in the huge demand for use and authorization of images.Therefore,in order to alleviate the conflict between the traditional authorization model and the massive authorization needs of photographic works,respect the rights holder's permission to license and protect their property income,we can try to introduce the implied permission system.Finally,combined with the analysis of the aforementioned dilemmas and solutions,the author puts forward some judicial suggestions for the protection of the copyright of photographic works in the digital environment,with a view to fully protecting the copyright of photographic works in judicial trials and safeguarding the legal rights of rights holders.