A Study on the Invasion of Photographic Copyright and Personality Right

• Main Authors: I - Fang Tasi, 蔡易芳
• Other Authors: Cheng - Hero Lin
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/14685192087565755256

碩士 === 東吳大學 === 法律學系 === 94 === Abstract A picture is good or not that the photographer acts extremely specialized being the key role. However, recognizing the dilettante model comes to maturity gradually lately, any photographic process possibly team up by the photographer, model and even other manufactures. The Co-ownership of Intellectual Property Rights has brought up an important phenomenon, how should co owners have rights and duty in the Co-ownership of Intellectual Property Rights is the article aim to dedicate to understanding. Furthermore, with the photographic equipment and the technical are promoted, consciousness raising of personality right, conflict of the rights became the challenge between the photographic copyright and the personality right. How the two different rights duties relations should divide and the protection? Each of which should be protected first? These issues also discussed in the article. To this end, the rights of the photographic copyright between photographers and models should be different because their specialization contribute to the workshop should be emphasized by researchers. This article provides two suggestions： First of all, what models can assert not only Personality Right but also their coownership on the portraiture invasion. Secondly, most people usually misunderstand the photographic copyright ownership due to "the photographer" and "the model" in the name meaning but they neglect of the creating process which model also endeavor. To give a clear understanding, in addition, the author suggested that could be viewed as "the photography" and "the taken" for two rights duties relations.