The copyright characteristics of photographic works and the difficulties of using them online

Abstract

It is fair to say that photography has become an integral part of our everyday lives, as hardly a day goes by without capturing a moment: a morning selfie before leaving for work, a well-constructed lunch, an afternoon coffee with colleagues, a well-captured moment with our pet, dinner with family or friends, and the list goes on and on. Technological advances have allowed us not only to let the person who took the photo enjoy their own creations but also to make them available to hundreds or thousands of people in a matter of seconds, with a click of a button. The problem starts with the ‘publish’ button, because after publishing, our photo will go to their own journey... In this study, we will show how technological advances have taken us from the camera obscura, through daguerreotypes and talbotypes, to digital cameras. Then we describe the difficulties of photography becoming an art form and the Hungarian domestic copyright legislation, with particular reference to its individual, original character. Finally, we examine the issue of how the life of the photograph evolves ‘after the flash’, that is the specificities of the usage on the Internet. In this context, particular attention will be paid to the issue of making available to the public, which will be interpreted mainly through the case law of the CJEU.