Fotografie a právo - Autorské právo a o – Valoušek Martin (2022)

The book discusses photography as an author's work, the relationship between photography and the right to privacy and personality protection, photographing private objects, and photographing in public spaces. The explanation is supplemented with practical examples. When is a photograph an author's work that enjoys special protection, and when is it not? If a photograph is an author's work, it is necessary to further distinguish this work from the tangible substrate on which the photograph is captured, as well as the ownership rights to it. The author addresses the concept of an author's work and indicates the boundary between original photography and simple representations that are not protected by copyright. An example is the current case of the CJEU concerning photographer Painer, who photographed little Natasha Kampusch, who was later kidnapped. The decision primarily analyzes the boundary for protected and unprotected author's works, as well as the question of the possible publication of photographs. The case of the dispute over the subject of a photograph, Art Rogers v. Jeff Koons, is also mentioned. The subject of the dispute was the question of possible inspiration from one author's photograph and another author's sculpture. As an example of assessing and distinguishing an author's work from a simple record that does not receive copyright protection, the photograph by Christoph Meili taken by Gisela Blau is described. The book further...