Photography as an object of copyright

Abstract

Copyright, the norms of which regulate relations that arise in connection with the creation and use of works of science and art. Copyright is an important component of the universal system of human rights, copyright is one of the essential guarantors of intellectual creativity, self-affirmation and dignity of every person. From whatever side copyright is analyzed, its purpose is to protect the interests of the creator of works and the interests of society. A photo can be created not only by a professional photographer, but also by any other individual. This is where the opportunity enshrined in the law to realize their creative abilities of each member of society is manifested.This article deals with issues related to a special object of copyright - photography. With the adoption of the new Law of Ukraine «On Copyright and Related Rights», the approach to understanding photography has changed. This is connected with the legal definition of the concept of a work and its features. Signs of originality and objective form are highlighted. Moreover, the legislator clearly defines which photographs should be attributed to objects of copyright, and which photographs are not subject to legal protection. This approach will greatly facilitate the resolution of issues related to the establishment of which photographs are subject to copyright. The Law of Ukraine «On Copyright and Related Rights» clearly states that photographic works are subject to legal protection. Based on the legislative definition of a work as an object of copyright, we can conclude that only original photographs are subject to legal protection. Moreover, paragraph 8 of Art. 8 of the Law of Ukraine «On Copyright and Related Rights» clearly defines that photographs that do not have a sign of originality are not photographic works. An analysis of some foreign judgments regarding the legal nature of photography makes it possible to conclude that a photograph is considered as an object of copyright if there are signs inherent in the work. he study conducted in this article confirms the correctness of the legislative understanding of photography as an object of copyright.