Discuss The Copyright Issue Of Photographic Works

The domestic Copyright Law define the photographic works as the kind of artworks created by recording images on light-sensitive materials or some other media with the aid of devices,which needs to be further discussed;There exists some conflicts during the process of application of Copyright Law in judicial practice.The definition of Photographic works in domestic Copyright Law and Implementation Regulations requires the artworks must fulfill certain standards.However,in judicial practice,the photographer can claim the intellectual property right if he/she can prove that the photo was taken by himself/herself.The adjudication in judicial practice is undoubtedly lower than the requirement in Copyright Law.It is necessary to distinguish the definition of common photos from that of photographic works in legislation and judicial practice according to the definition of photographic works in Copyright Law.The distinction of the Photography makes it differs from other art categories,and it is gradually difficult to tell the difference between the common photos and the photographic works in the current photography.We need to focus on public interest resulted from the general application of photography in current social life.Especially in the legislative stage,the Copyright Law on photography should balance the relevant interests.Although the object of protection in Copyright Law is literary and artworks,the law protect photographic works excluding the other common photos.The high standard on photographic works will make a large part of photos do not meet the definition,violate certain social rules and lead conflicts between judicial practice and legislative documents.It is proper to reduce and even cancel the originality requirements of photographic works in Copyright Law.When some specific photos do not have intellectual property right,it is not necessary to distinguish the common photos from photographic works.In judicial practice,each photographer can have their own intellectual property right.