نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق مالکیت فکری، دانشگاه قم، قم، ایران
2 دانشآموختۀ کارشناسی ارشد، گروه حقوق مالکیت فکری، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
With the invention of camera a question arose and is still in place whether photography can be protected as an artistic work? On one hand, camera is a mechanical tool with an undeniable role in the creation of a photo and this fact is the main difference between it and other artistic works such as painting. Therefore, some believe that a photo quotes only the reality and is void of the originality necessary for being protected as an artistic work. On the other hand, the role of photographer as the one who uses camera to create the photo and makes choices among the available options and selects one may not be ignored. Hence, some consider photo as the result of photographer’s creativity which is original and is an artistic work that must be protected. The latter opinion has been accepted in the law of most countries and important international documents including Berne Convention. In this article, through a descriptive-analytic method, the way to protect photo and determine its originality and related topics have been studied in the national laws and international documents.
کلیدواژهها [English]