On The Identification Of Plagiarism In Photographic Works

Photography,as a type of visual art,is one of the objects protected by China’s copyright law,and "plagiarism of others’ works",as a type of infringement,is one of the cases that China’s copyright law stipulates that we should bear tort liability.As the identification standard of photography infringement by Chinese courts has yet to be unified,plagiarism is a common and difficult infringement in China in recent years.Plagiarism identity problems,therefore,it is necessary to photography to in-depth study and analysis of the factors influencing photography originality judgment,clear connotation and extension of the concept of plagiarism,clarify the photographic works of plagiarism and copyright law on the relationship between the other works of plagiarism,find a scientific and effective method of photography plagiarism cognizance.Starting from the etymology and meaning of "plagiarism",this paper gives a theoretical overview of the basic concept of plagiarism in photographic works,analyzes the differences in the cognition of plagiarism in the two fields from the perspectives of law and art,and compares the plagiarism in photographic works with the "appropriation" in the art world.Through to the Guangdong,Beijing and other places of normative documents research and the typical case of comb in recent years,combining with the current plagiarism regulation law of the spirit of inductive,containing the photography for the cognizance of copyright infringement,our country has formed a relatively mature "two-step" rules,that is:contact + substantial similarity..But most of the court before that photography is infringement,not whether involved in photography to originality,whether to belong to the copyright law in the sense of photography to judge,and no form a unified work of similarity degree between standard,but only on the basis of photography right attributes to give,Use intuitive visual judgment to complete the identification of infringement facts.In addition,for the verification of plagiarism,"copyright law" the regulation of "plagiarism" clause in the judicial decisions is in a state of "lead without",mostly in court without the specific behaviors of plagiarism,but in the stage of tort liability,the plagiarism,matching with the violations of statutory copyright infringement liability requires the defendant.On plagiarism in photography in China that the deficiencies,through to the outside photography plagiarism infringement judicial experience,especially in the process of photography infringement "three-point method" and "three-step" model,can be scientifically judgment and of photography original elements are extracted,and thus improve the quality and efficiency of the relevant decision.To sum up,this paper puts forward some suggestions to improve the identification of plagiarism of photographic works in China’s judicial practice.First of all,it should be clear that the existence of rights is the premise of infringement determination.Therefore,the existence of rights of photographic works should be determined based on the originality of photographic works and the characteristics of the protection scope.The originality of photography is different from that of literature.The originality of photography should not only be judged by the final picture presented,but also take into account the pre,middle and post shooting.In the identification of the scope of copyright protection of photographic works,the "fact and expression dichotomy" is adopted to exclude the protection of photographic works that simply record the fact according to the content of photographic works,and then the "three-step method" is adopted for photographic works that contain the fact created by the author to further exclude the unprotected content.Classification and protection of photographic works are carried out according to the characteristics of original elements.For thematic photographic works,the protection of photographers’ creative choice of theme scene effect is emphasized.For reproducing and capturing photographic works,while reducing the creative requirements for the works,the objects and themes taken should be excluded from the scope of protection.Secondly,based on the types of photographic works,the substantial similarity of works in plagiarism identification is judged.Type to capture and reproduce photographs made similar high material standards,the main judge whether there is between works "same" copy type,type of photographic works of the subject matter between the substantial standard of similar can reduce appropriately,and USES the comparative complexity of scene arrangement,the introduction of photography appreciator Angle,to its similarity to seek professional appraisal organization way.Furthermore,according to the existing photographic works plagiarism and infringement facts,the creation time of the involved works and whether there is contact or the possibility of contact should be determined.Finally,the author analyzes and expounds the infringement constitution of plagiarism of photographic works,and comprehensively identifies plagiarism of photographic works as a whole.