Analysis Of Infringement Judgment Of Similar Photographic Works

With the continuous development of human creativity and the increasing prosperity of cultural creation,the types of works are not limited to the traditional types stipulated by the law,but are expanding in scope,among which photographic works are also recognized as one of them.In practice,infringements occur frequently in literary and artistic works,and photographic works,a kind of visual art produced by high-end electronic technology products and professional shooting technology,is no exception,and its infringement identification is more complex.For similar photographic works,the extent to which their similarity constitutes infringement,and how to identify,there is no clear national standard,domestic courts have different practices.In this paper,with the help of a classic case in the United States and theoretical analysis,exploration will be carried out to provide corresponding reference and reference for domestic determination of infringement of similar photographic works.Based on the full application of copyright means of animation & comic character intellectual property protection,this paper makes an in-depth analysis of animation & comic character copyright protection by using the theory of copyright law and relevant judicial cases,focusing on the legal basis of animation & comic character copyright protection,the determination of infringement and the key issues in its reasonable use.In addition to the introduction and conclusion,the article is divided into three chapters:In the first chapter,through the introduction of the classic American garnett photography infringement case,the basic facts of the case were expounded,and combined with the judgment method and thinking of the court,the three main points of dispute in the judgment process of similar cases in China were introduced.In the second chapter,the key content of this paper is the focus of the dispute extracted from the classic cases introduced in the first chapter,and combined with relevant domestic and foreign judgment experience standards and legal knowledge,the reasons are analyzed,and their own views are put forward.First of all,this paper discusses the judgment premise of whether similar photographic works constitute infringement.Starting from the concept of this principle,it analyzes the rationality and limitations of this principle in the application of similar photographic works studied in this paper.Secondly,it is the judgment of the originality of photographic works.By analyzing the methods and ideas of judges' judgment in the cases cited in the article,it analyzes the problems existing in the judgment of the originality of photographic works in the theoretical and practical circles in China and puts forward corresponding viewpoints.Again,whether similar photography constitute infringement judgment standard,namely,the essay discusses the standard of "contact+ substantially similar",this is a point of relative core,combined with the relevant substantive similar decision criteria were analyzed,and found out for the standard of the judicial practice in our country to use existing problems,and put forward the corresponding point of view;Finally,from the perspective of the accused infringers of infringement defense analysis,that is,the fair use system,the system is also discussed from its concept,then combined with the United States fair use standards and China's standards for comparative analysis,so as to put forward specific suggestions.In the third chapter,after legal analysis of the focus of the dispute,the conclusion and suggestions of the case are drawn.Based on the judicial practice in China and in combination with the development of the current photography industry and the status quo of similar photographic works infringement judgment,the following four suggestions are proposed for Chinese courts to determine whether similar photographic works constitute infringement: 1.When the dichotomy of expression of ideas is applied to similar photographic works,legal provisions can be made.2.Originality judgment of similar photographic works is essentially an analysis of the originality of the elements of the works;3.The standards of substantial similarity of photographic works can be refined;4.Draw lessons from the experience of fair use and identification of similar photographic works abroad.