Traditional Culture Encyclopedia - Photography major - Why does the copyright law separate photographic works from artistic works?

Why does the copyright law separate photographic works from artistic works?

Hello, because photography and art works are two different works. According to Article 3 of the Copyright Law? The term "works" as mentioned in this Law includes works of literature, art and natural science, social science and engineering technology. Created in the following form:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Release? This law is about the object of copyright.

1, art and architecture works. According to the implementation regulations, works of art refer to artistic works of plane or three-dimensional modeling with aesthetic significance, such as paintings, calligraphy, sculptures and buildings, which are composed of lines, colors or other ways. Arts and crafts protected by copyright law only protect the creative shapes or artistic patterns in arts and crafts, not the part of the process in production; Only the creative plastic arts in practical works of art are protected, but the practical functions in daily life are not protected. The first new technology and the first practical product with practical functions can be protected by other relevant laws. The original copyright law does not clearly stipulate the protection of architectural works. In the Regulations for the Implementation of the Copyright Law, which was implemented at the same time as the old copyright law, "architecture" is listed as a classification in the definition of artistic works, but its corresponding expression is very vague: plane or three-dimensional plastic artistic works with aesthetic significance. The original law protects the building itself as a work of art, while protecting engineering design drawings, models and product design drawings as separate copyright objects. When the law was amended, it was clearly stipulated that architectural works are the objects of copyright protection, and art and architectural works are listed as the fourth item, while engineering design drawings and architectural models, which account for a large number of architectural works, are listed as the seventh item: graphic works and model works, which are still protected as separate objects. It can be seen that the definition of the scope of architectural works by Chinese legislators only refers to the building itself. It should be pointed out that if there are no original design elements in the form and appearance of buildings, then they cannot become works and are not protected by copyright law. What is protected by copyright law is the building itself, and its constituent materials and construction methods are not protected by copyright law.

2. Photographic works. According to the implementation regulations, photographic works refer to artistic works that record the image of objective objects on photosensitive materials with the help of instruments. The original copyright law put photographic works and art works together and protected them as a kind of work. Article 2, paragraph 1 of Berne Convention for the Protection of Literary and Artistic Works defines "photographic works and works expressed by methods similar to photography" as a kind of literary and artistic works. Therefore, when amending this law, photographic works will be regarded as a separate project.

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