论摄影作品的保护

Protection of Photograph Works

近几年来 ,有关摄影作品侵权案件屡见报端 ,由于摄影作品的特殊性 ,极容易与职务作品、委托作品、新闻作品发生竞合。本文试从摄影作品的含义、构成著作权法保护的条件入手 ,通过比较世界各国对摄影作品的相关规定 ,分别对职务摄影作品、委托摄影作品、新闻摄影作品著作权归属进行具体分析 。

In recent years, relevant photograph works infringement cases have been published on newspaper several times. Owing to the particularity of photograph works, it is easy to confuse it with work made during service, works created by commission and news works. This thesis takes the implication of photograph works and the conditions that constitutes the protection of copyright law, respectively analyses the ownership of copyright of photograph works made during service, photograph works created by commission and news photograph works concretely by comparing relevant regulations of some countries for photograph works.