Are photographic works published by others protected by copyright?

Legal analysis: the copyright of photographic works is protected by law, and the author of photographic works enjoys copyright.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 3 Works mentioned in this Law include works of literature, art, 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.

Article 57 Copyright as mentioned in this Law refers to copyright.

With the rapid development of electronic technology and internet technology, "shooting" is no longer a photographer's patent. Before digital cameras and high-pixel mobile phones were widely used, people generally used film to shoot landscapes and people. With the popularity and performance improvement of mobile phones, "taking photos at will" has become one of people's daily habits. It has become a very common move in people's lives to simply record things with mobile phones or take a photo at will.

The development of science and technology has promoted communication. Because we can "shoot" or "publish" at any time, social platforms have become a stage for people to show their lives. However, behind the convenience of the Internet, there is also a gray area of copyright protection. Zhang Feiyu, an architectural photographer who has been engaged in photography for more than ten years, is engaged in shooting urban scenery, real estate and landscape photography, and his works are mostly used in real estate advertisements. As a professional photographer, like most ordinary netizens, he often sends photos in his circle of friends, but for professional reasons, he seldom uses his mobile phone. "The photos taken by the mobile phone are rarely watermarked, and the photos taken by the camera will add their own watermark logo in the corner."

Zhang Feiyu told reporters that most of his works are signed by both parties, and there has never been a case of misappropriation of works, or he rarely has time to search for the use of works. It is understood that many interviewees engaged in photography generally believe that all types of photographic works should be protected by copyright. "If you use someone else's picture, at least inform the author and mention the author's name." Zhang Feiyu added.

In recent years, in addition to photography, literature, art, music, dance and other works have shown a blowout growth. But whether these "works" can all be included in the object of copyright protection is worth discussing.