Footnotes (234)



The Photographer’s Copyright – Photograph as Art, Photograph as Database

Justin Hughes

Loyola Law School Los Angeles

September 20, 2011

Cardozo Legal Studies Research Paper No. 347

This Article explores the interaction between copyright law and photography, the 19th century technological development that most challenged copyright’s conceptual underpinnings. Prior to this article, neither courts nor commentators have seen the parallelism between copyright ability issues for photographs and the same issues for compilations of data. After exploring those parallels, the Article describes how originality-based copyright protects far fewer photos than most people believe; why courts stretch notions of originality to protect much photography; the possibility of less robust, incentive-based protection systems; and how technological developments challenge the fragile conceptual framework established in the 19th and 20th centuries for copyright protection of photography.

Number of Pages in PDF File: 88

Keywords: copyright, photography, originality, technology, intellectual property

Accepted Paper Series

Download This Paper

Date posted: September 20, 2011  

Suggested Citation

Hughes, Justin, The Photographer’s Copyright – Photograph as Art, Photograph as Database (September 20, 2011). Cardozo Legal Studies Research Paper No. 347. Available at SSRN: http://ssrn.com/abstract=1931220

Contact Information

Justin Hughes (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8108 (Phone)
HOME PAGE: http://www.justinhughes.net
Feedback to SSRN

Paper statistics
Abstract Views: 919
Downloads: 231
Download Rank: 78,816
Footnotes:  234

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.359 seconds