Legal Use Photographic Works Of The Media
Keywords:
photography, photographic work, creativity, originality, mass media and copyright law.Abstract
The differentiation between photography and a photographic work is studies in the article. It has been suggested to fix signs of photography as an original work on the legislative level: as a reflected one on a certain medium; created in the process of photography or other similar methods; a photographer had a certain aim to reflect precisely what is on it (adherence to a certain scene); originality - that is, it reflects an individual creativity of an author; the photo has the form of a certain integral composition achieved by means of correlating objects, phenomena, people as well as by means of editing photography; it reflects individual features of a depicted one; it has an emotional impact on a viewer. Therefore, it has been suggested to fix signs of photography as an original work on the legislative level.The notion of creativity and its signs has been found out. The creativity is the result of intellectual abilities, cognitive process or a person's talent which is original. The creativity should correspond with the following signs. The first sign is that it should be the result of intellectual abilities, cognitive process or a person's talent. The creativity shouldn't be determined by mechanical acts but it should be individual due to intelligence, personal knowledge, a person's abilities and skills gained due to knowledge, observation and other cognitive processes. The creativity can be possible due to a person's talent, that is a person's gift which is inborn. The second sign is that the result is original if it is new or socially significant (the given result of the creativity has a certain significance or importance for someone if it can be seen only from its creator. The originality refers to something similar that doesn't exist.
The basic issues using the media photographic works, including: failure to pay the fee arrangements, publication of photos without the consent of the author, the author's name replacement or no reference to it, the use of photographs on the Internet.
