Copyright Law in Photographic Works
Authorship, Originality, and Protection
Series: Routledge Research in Intellectual Property;
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Product details:
- Edition number 1
- Publisher Routledge
- Date of Publication 25 July 2025
- ISBN 9781032952635
- Binding Hardback
- No. of pages288 pages
- Size 234x156 mm
- Weight 690 g
- Language English
- Illustrations 7 Illustrations, black & white; 5 Halftones, black & white; 2 Line drawings, black & white 791
Categories
Short description:
This book presents an original theory of copyright authorship tailored for photographic works, grounded in the concepts of categorical intention, channeled selection, and causation. It will be of interest to researchers in copyright law and intellectual property law.
MoreLong description:
This book presents an original theory of copyright authorship tailored for photographic works, grounded in the concepts of categorical intention, channelled selection, and causation. By addressing the unique dual nature of photography, where mechanical processes intersect with creative choices, it offers a fresh perspective on a longstanding legal challenge.
Through a critical examination of select case law with a focus on Anglo-American law, the book highlights the complexities and inconsistencies in the current copyright protection for photographs due to their dual nature, which exhibits both mechanical and creative characteristics. It argues for moving beyond the conventional one-size-fits-all approach for copyright concepts in favour of adopting a tailored, contextual approach that acknowledges the nature and characteristics of the category of work in question. The book also alludes to emerging technologies such as artificial intelligence and machine learning models, considering their implications for copyright and creative expression. It also discusses how the history of copyright protection of photographic works may illuminate the path towards dealing with conflicts between copyright and perceived mechanical mediums of creative expression.
This book will be of interest to researchers in copyright law and intellectual property law, especially those engaged with the legal treatment of mechanically produced creative works. It offers valuable insights into the evolving relationship between law, technology, and authorship in the digital age.
MoreTable of Contents:
1. Introduction
2. The Berne Convention for the Protection of Literary and Artistic Works and Photographic Works
3. The United Kingdom and Photographs
4. The United States of America and Photographs
5. Authorship and Photographs
6. The Concept of Originality
7. Originality and Copyright Protection in Photographs in Anglo-American Copyright Law
8. The Impact of the Digital Age on Photography and Copyright
9. The Way Forward for Photographic Copyright? A Focus on Copyright Authorship
10. An Original Two-Tier System for Copyright in Photographic Works
11. Conclusion
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