SciELO - Scientific Electronic Library Online

 
vol.16 issue5When certainty and legality collide: the efficacy of interdictory relief for the cessation of building works pending review proceedings author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


Potchefstroom Electronic Law Journal (PELJ)

On-line version ISSN 1727-3781

Abstract

HARMS, LTC. "Originality" and "reproduction" in copyright law with special reference to photographs. PER [online]. 2013, vol.16, n.5, pp.01-28. ISSN 1727-3781.

Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree of mobility and are also ephemeral and without any commercial value. It is accordingly difficult to justify in general terms copyright protection for photographs. Two of the main legal issues in this context are the criteria for originality and the meaning of the reproduction of a photograph. These two issues form the central point of discussion in this contribution.

Keywords : Originality; Reproduction; Copyright Law; Photographs; Artistic Work; Temple Island Collections Ltd v New English Teas Ltd; Sweat- of- the- brow test.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License