Photographic Works and Mere Photographs: A View of an Old Discussion from the Point of View of New Technologies

Luis-Javier Capote-Pérez

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Chapter 16 Photographic Works and Mere Photographs: A View of an Old Discussion from the Point of View of New Technologies

In: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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Luis-Javier Capote-Pérez

Luis-Javier Capote-Pérez
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Type:: Chapter

Pages:: 395–411

DOI:: https://doi.org/10.1163/9789004686212_018

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An orthophoto, orthophotograph or orthoimage is an aerial photograph or satellite imagery geometrically corrected (“orthorectified”) such that the scale is uniform: the photo or image follows a given map projection. Unlike an uncorrected aerial photograph, an orthophoto can be used to measure true distances, because it is an accurate representation of the Earth’s surface, having been adjusted for topographic relief, lens distortion, and camera tilt. The object of this chapter is the analysis of the legal nature of orthophotographs, according to categories related to photographs and focusing on the problem of the application of criteria of originality and of the classic distinction between photographic work and “mere” photographs in this context. The discussion about the legal nature of orthophotos is the key to debate about the maintenance in some legal systems, like the Spanish one, of the distinction between a photographic work and mere photography. Furthermore, the debate is another example of how the history of intellectual property law is full of episodes in which protection is linked to the question of whether a creative activity qualifies as one of “the arts.”

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

E-Book ISBN:: 9789004686212

Publisher:: Brill | Nijhoff

Print Publication Date:: 22 Apr 2024

Subjects
- History
  - Legal History
- International Law
  - Intellectual Property Law

Front Matter

Part 1 Pursuit of Harmonization

Part 2 Divergences in Harmonization

Part 3 Innovation for or against Harmonization?

Part 4 The Challenges of Technological Advancements to IP Doctrine – Any Space for Harmonization Yet?

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African Studies	Education	Media Studies
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Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
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Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
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Chapter 16 Photographic Works and Mere Photographs: A View of an Old Discussion from the Point of View of New Technologies

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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