An Examination of the Protectability of Photographs: A Comparative Analysis of Germany, France, Italy and China

The majority of states nowadays grant legal protection to photographs. Most often, photography is the object of related rights. However, legislative solutions are not limited to this approach. The legal protection of photographs varies significantly across different jurisdictions, often due to historical, cultural, and legal influences. For example, in some countries, photographs are protected as objects of neighboring rights or as a separate group of objects. This article explores the legal protectability of photographs through a comparative analysis focusing on four countries: Germany, France, Italy, and China. It reveals that while all these countries offer some form of legal protection to photographs, the nature and extent of this protection can differ markedly. Based on the comparison of approaches, the peculiarities of legal regulation of photography (as an object of intellectual property rights) are revealed. This comparative study reveals notable differences in the legal criteria and scope of protection, reflecting diverse cultural and legal traditions associated with intellectual property rights. Understanding these distinctions is essential for photographers, legal practitioners, and policymakers involved in intellectual property rights, ensuring that the protection granted is appropriate to the cultural and legal context. This exploration highlights the ongoing need for international dialogue and convergence in the standards of photographic protection, particularly in an era of rapid technological advancement and global digital dissemination.