Does the photo of the existing work constitute a photographic work?

Remaking photos may not produce photographic works of art, and may also infringe on the intellectual property rights of others.

Unreasonable use of remakes of other people's works may infringe on rights.

Guo Zhenhua believes that it is a copying behavior to remake other people's works and turn them into their own so-called "works" through photography. Copyright law encourages independent creation, which leads to new works. However, copying the works already created by others may infringe upon the interests of the original obligee.

Although the Copyright Law clearly states that "a work may be used without permission and without payment from the copyright owner, but the author's name and the title of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed: copying, painting, photographing and videotaping artistic works set up or displayed in outdoor public places", this clause also clearly states that there are specific restrictions, that is, "set up or displayed outdoors". It can be seen that this definition of fair use is very strict. Therefore, whether photography itself produces new works or whether copying the original works belongs to the category of reasonable use needs to consider the user's intention and use mode.