On The Copyright Protection Of Photographic Works

Although China has protected the copyright of photographic works since the first copyright law was enacted in 1990,with the continuous development of technology,photographic art and society,many deficiencies have been exposed in the copyright system.On the one hand,the interests of the right holders of photographic works are not well protected.on the other hand,abuse of copyright has already occurred in the business online photo gallery area such as Visual China Group Co.,Ltd.Simply raising or lowering the protection standard of photographic works in the copyright system can not solve the existing problems,so we should seek a new way from theory to practice to protect photographic works’ copyright.This paper adopts literature research,case analysis and comparative study to analyze the existing problems.At present,Chinese copyright system has not responded to the critical issue of the originality judgment standard of photographic works,so many problems have arisen in judicial practice.And the copyright system does not have a correct understanding of the artistic quality of photography,ordinary photographs have not been protected by the copyright law.As an independent art,photographic work does not has the same copyright protection period as other works of art.In the process of rights relief for photographers,there are such phenomena as high cost of individual rights protection,confusion of gallery market and failure of copyright collective management organization.In view of this,the dual-track protected mode can effectively solve the theoretical and practical difficulties and promote the cultural prosperity by combining with the urgent need to improve the neighboring right system in China.At the same time,to protect the interests of copyright owners of photographic works,the copyright collective management system should also introduce the competition mechanism,and improve the internal governance mechanism and external supervision mechanism.