Photography is a popular art form today, we can see photography works every day, on social networks, at photo exhibitions, or even on the streets. These works can be created by professional photographers or passionate amateurs. Therefore, are photographic works protected by copyright or not? Please read VCD’s article below to learn more about this issue.
1. What is a photographic work?
Although since the 11th century, people discovered how to use the “dark chamber” as the first camera, it was not until the 19th century that cameras and photography techniques were fully developed. In 1839, the Academy of Sciences and the Institute of Fine Arts of the French Academy of Sciences recognized the silver plate photography method of French painter Louis-Jacques-Mandé Daguerre (1787 – 1851), as the origin of the art of modern photography. The art of photography has a 183-year history of development, and techniques and technologies are constantly being applied in photography, from the use of mechanical cameras to today’s digital cameras. grand. Photographic works in the form of film images or digital images are considered works of art and are protected by copyright.
To find out the exact definition of photographic works, Article 14 of Decree No. 22/2018/ND-CP dated February 23, 2018 specifically stipulates as follows:
“Photographic works specified in this Article are works that represent objective images of the world on light-catching materials or on media where images are created or can be created by chemical or electronic methods. or other technical methods. Photographic works may or may not have captions.
It can be understood that photographic works are understood as the result of creative activities in the field of art, works that express images of the objective world on light-catching materials or on the medium on which the images are created. created or can be created by any technical method. Photographic works are one of the objects protected by copyright according to the provisions of Article 14 of the Intellectual Property Law.
2. Are photographic works protected by copyright?
Based on Article 14 of the Intellectual Property Law, the types of works protected by copyright include:
- Literary, scientific works, textbooks, course books, and other works expressed in writing or other characters;
- Sermons, speeches and other talks;
- Journalistic works;
- Musical works;
- Theater works;
- Cinematographic works;
- Works of plastic arts and applied arts;
- Photographic works;
- Architectural works;
- Maps, diagrams, maps, and drawings related to topography, architecture, and scientific works;
- Literary and folk artworks;
- Computer programs, and data collection.
According to current provisions of Vietnamese law, the objects of copyright protection are works created or owned by organizations or individuals. Photographic works belong to one of the types listed in Article 14 of the Intellectual Property Law. It can be seen that Vietnamese law has strict regulations on subjects protected by copyright.
According to the Berne Convention, Article 2.1, works of art may be expressed in any manner or form, such as books, pamphlets, and other writings…; The same goes for photographic works and works expressed using a technique similar to photography. As analyzed, for a photographic work to be protected, it must first be shaped and exist in a certain type. The law does not protect the copyright of an artistic work when it is just a creative idea.
3. Conditions for registration of protection for photographic works
Photographic work is protected when it meets the following conditions:
- Created directly by the author using his or her intellectual labor without copying from the works of others. Clause 3, Article 14 of the Intellectual Property Law stipulates that photographic works must be directly created by the author using his or her intellectual labor and not copied from the works of others. Therefore, photographic works must be created by the author himself, not copied from another work.
- Foreign individuals and legal entities who are authors or copyright owners of photographic works may directly or authorize other organizations or individuals to submit applications for registration of copyright and related rights at the headquarters of the Copyright Office or the Representative Office of the Copyright Office or the Department of Culture, Sports and Tourism where the author or copyright owner resides or is headquartered.
After registering the copyright owner for the photographic work according to the provisions of Article 49 of the Intellectual Property Law, the author will be granted a certificate of copyright registration for the photographic work. This is not a mandatory procedure to enjoy copyright on photographic works. The owner has the right to register or not register, but the rights of the author and owner of photographic works are still protected according to the principle of copyright. automatic protection switch. However, registering a copyright for photographic works has great significance for the owner – the person with a certificate recognized by law as the owner of the photographic work. In case a dispute arises, the organization that has been granted the registration certificate is not obliged to prove that the photographic work belongs to it.
Above is the article “Copyright for photographic works”. We hope this article is useful to you.
