Photographs as a subject of copyright protection

Abstract

In the era of rapid technological advancement and the mass production of photographs, there is an increasing likelihood of their use by third parties, in some cases involving the infringement of copyright. Not every photograph is automatically protected by copyright. The criteria for recognizing a work as covered by copyright derive from the law, and when establishing the factual situation and issuing a verdict, courts decide whether to consider a particular photograph as a copyrighted work. Extensive application of the criterion “manifestation of individual character” would result in every photograph being recognised as a copyrighted work. Such an approach could lead to saturation with copyright protection, and an increase in the number of legal disputes.