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Intellectual Property and Commercial Court

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2008-Xhing-Zhi-Shang-Yi-41

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Decision No. 2008-Xhing-Zhi-Shang-Yi-41
Date December, 18, 2008
Decision Highlight

Photographic works are one type of “works” defined by the Article 5, Paragraph 1, subparagraph 5 of the Copyright Act. Because the purpose of the Copyright Act is to protect works which are original, the photographic works defined by this subparagraph is protected only if they are created by camera through selecting topics, processing, modifying and composing light and shades, or doing other aesthetic embodiments.…Separate shooting, horizontal shooting, and placing a reflection in the middle of the picture are all particular, original ideas. These three pictures can show that the copyright owner (the complainant) hired [another] with an intent not merely to acquire pictures by shooting real subjects. These three pictures are original and therefore are photographic works protected by the Copyright Act.

Related Provision

Article 5, Paragraph 1, Subparagraph 5 of the Copyright Act

  • Release Date:2020-11-13
  • Update:2020-12-03
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