Algorithm of security and protection of photographic works: problems and ways of improvement

Abstract

Photographic work belongs to the objects of copyright, which in turn is a branch of intellectual property law. An important principle of copyright is that it does not apply to ideas, but only to their actual expression. Due to the fact that a photographic work can only exist in material or electronic form, any use of it without the permission of the author is already a violation. The development of the art of photography is much ahead of the development of Ukrainian legislation. This leads to problems in defining a photographic work as an object of copyright and its protection. There are almost unlimited access to millions of photographic images on the Internet, which creates the conditions for crime. Illegal use of a work, publishing someone else’s work as one’s own, distorting the work are only a part of the offenses that may be committed against the authors of photographic works. Gaps in legislation create an increase in the number of copyright infringements. The authors, in turn, suffer losses. The author can defend the result of creative work in several ways: legal and technical. Using various resources and services in the digital space, it is possible to note a significant number of technical means of protection of photographic works from unscrupulous encroachments. But they have no legal regulation in the field of copyright. It should be noted that the current legislation does not have separate protection regimes for photographic works, expressed in material and digital form. Due to the specific format, digital images posted on the Internet can be copied and posted on another web resource. If it is possible to identify an unscrupulous user in time, the question arises of the correct fixation of the violation. To restore the violated rights, they usually turn to the court, which overloads the work of the judicial system of Ukraine.