A Research On The Intellectual Property Rights Conflicts In Photographic Works

With rapid development of scientific technology, people’s life has been improved to agreat extent, while unexpected difficulties and challenges appear at the same time.Copyright Law has been reformed for many times to enable the systems and provisionsmore flexible to meet the needs of new technology in the future. In recent years, thephotographic technology has made tremendous progress driven by optical research,electronical revolution, etc. The author uses a variety of research methods to make ananalysis on the protection of photographic works from the perspective of intellectual rightsconflicts, and offers a few ways to handle the protection of photographic works.There are four parts in this thesis. Part one mainly introduces related theories ofrights conflicts and photographic works related concepts. For rights conflicts, the authorillustrates from the perspective of conflicts existence and conflicts causes, laying thetheoretical basis for the statement of rights conflicts in photographic conflicts. The basicconcepts of photographic works include definition of photographic works and theconstitution elements. The second part is the analysis on the rights conflicts issues of IPRs(Intellectual Property Rights) in photographic works. Based on the theory of rightsconflicts, the author puts emphasis on the concepts of the rights conflicts in IPRs andconflicts causes, and takes photographic works as an example to analyze the definition andspecial causes of the rights conflicts in IPRs. The third part illustrates the demonstrationsand types of rights conflicts in photographic works, mainly reflected in the rights conflictsamong homogeneous IPRs and IPRs of different kinds. The former one includes the rightsconflicts between the copyright of photographic works and the other two types ofcopyrights covering earlier copyright and latter copyright, while the latter one refers to therights conflicts between the copyright of photographic works and the other two types ofrights consisting trademark rights and design patents. The last part offers several solutionsto deal with the rights conflicts in photographic works, mainly include the principles tocope with the rights conflicts in photographic works, the measures the owners ofphotographic works and other works can take to avoid or handle rights conflicts. Besides, it also provides suggestions on how to use the current legal methods to cope with existingissues in rights conflicts in photographic works.