The thesis is one of the few in Ukraine comprehensive studies of the legal protection of copyright on photographic works.
A deep analysis of the essence of a photographic work as an object of copyright, made with the help of studying the current legislation of Ukraine and other countries, international law acts, doctrinal provisions made it possible to distinguish the author’s approach to the legal protection of photographic works.
The purpose and objectives of the research caused the choice of the structure of the research, which consists of three sections, and deals with the consideration of such issues as the definition of a photographic work as an object of copyright law, the legal status of subjects of copyright on photographic work, the use of photographic works in a digital environment, etc.
Scientific and theoretical grounds are given and practical recommendations for improvement of the national system of legal protection of copyright on photographic works are substantiated. Framework of categories and concepts in this sphere, particularly in the laws regulating the legal relationship in the copyright law, is also specified.
As a result of the study the author formulated the definition of the notion of the photographic work as an image that has a creative character, embodies the author’s idea, and which is fixed on any possible kind of medium, regardless of the technical nature of the process of obtaining an image, and which is not part of the audiovisual work. The main characteristics which are the most important for determining the photograph as an object of copyright are the creative nature of the image and its originality.
Particular attention was given to the analysis of existing norms concerning the term of copyright protection for a photographic work in Ukraine and in a number of foreign countries. This made it possible to distinguish between three types of photographic works and delineate their legal status, distinguish various degrees of protection of these works and to define the terms of their protection. The first type includes photographs that can be defined as works of art. They have to be considered as artistic works, and protected during the life of the author and 70 years after his death. The second type includes reportage or documentary photographs, which should have a shorter term of protection, since their informational and historical value is more important than artistic. The term of protection of such photographs has to be established within 25 years from the moment of the creation of the photo. The third type is technical photographs, which should not be considered as copyright objects, although they may include a small element of creativity. Such a distinction may ensure the balance between the interests of authors and society, as well as improve the copyright protection on the photographic works.
The experience of foreign countries concerning the registration of copyright on a photographic work has been analyzed. The technical improvement of the process of registration of copyright, in particular the development of an electronic form of application for registration, was proposed.
A criterion which could help to set whether the photograph is creative or not was defined. This general criterion is creative effort, which is intellectual activity, by which the author tries to embody his own ideas and concepts to create a work. The features included in this criterion are: the choice of the subject, the location of objects on the image, the selection of lighting, the choice of angle for shooting, as well as the medium on which the image is fixed.
It is proposed to legitimate the use of free licenses, which are often used for transferring the rights on a photographic work. It is advisable to define the notion of free work in legislation. Free work is a work created for non-commercial purposes and which should be distributed only by free licenses.
Some aspects of the use of photographic works on the Internet were studied and the legal nature of digital photographs as objects of copyright was analyzed. The definition of digital photography as a digital file containing a photographic work and certain technical information about it is proposed.
The question of the possibility of co-authorship with the model, who is taking part in photo shoot and the general issues of co-authorship while creation of photographic work are considered. The co-authorship of the photographer and the model is possible, if model creatively influenced the result of their joint with the photographer work, which is expressed in the photograph. In order to prevent disputes, it is proposed to conclude agreements between all participants in the photo shooting process and distinguish between them all aspects of the copyright, as well as any financial issues. It is also proposed to legislatively distinguish the notion of "subject of a photographic work", which is a person who willingly embodies the concept of a phot
