| In 1839, the French art and inventor, Jacques mandela,Louis-Jacques-Mande Daguerre, on the basis of summarizing the predecessors, first invented photography, has been through 177 years of history. As the opium war started, photography began to spread to China, but after one hundred years of history, the technology to stay on the professional and vocational and technical areas. Especially early, belong to the officials and upper-class luxury plaything, until the 1990 s with the development of digital photography and popularization, it just off the shackles of "professional", become a part of our lives. But record photography from pure technology to rise to the works of art, up from no protection for the legal protection of time and before long, the accumulation of social experience, legal experience also some lack, not the use of scientific and standardized photography, lead to photography infringements happen a lot. So, strengthen the photography the protection of intellectual property rights theory research, defines the concept of photography, standardization of creation and use, should become one of the hot research topic. The purpose of this paper is to study the problems of the legal protection of copyright in works of photography, and on how to protect and protect those who put forward their views and Suggestions,Photography is a dynamic process, only through "photography" the process of "work" is the meaning of legal protection. From this level:photographic works protected by copyright law, should be refers to the photographer with the aid of certain equipment, shooting out moments or events that have artistic aesthetic feeling of existence state, can be repeated use of a static image works. But in the academic field and judicial practice in China, the legal protection of photography is not much of the research, the main reason is:one is the theory of photography high-end and photography introduction to lower the threshold between the gap is too big, scholars engaged in research on theory of photography is often not photography creation and insular phenomenon; 2 it is engaged in photographic practice photographer does not pay attention to theoretical research, focus on work as a result, ignored the theory guiding practice this dialectical relationship; Three is to put the photography, legal knowledge, theory and practice of all organic to unify people less, lead to photography legal protection research there is a big gap.This article used the literature method, system analysis, qualitative analysis and research of four types of survey method, according to the reflection on the status quo and put forward problems, reveal the law and build theory, explore the method and the logical train of thought to solve the problem, in the domestic and foreign about the definition of photography and shall be protected by the law theory to comb, analyzing the characteristics of photography copyright law protection and development, as well as the citizens' photography copyright and position photography copyright problems that is not clear, such as blurred, and select the reinforcement photography copyright collective management mechanism, improve the technology and related legislation, build feasible copyright registration mechanism such as Angle of view to improve the photography copyright law protection gives the corresponding Suggestions and countermeasures. |
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