Photographic Works and Similar Creations.

Photographic works are protected if the photographer imprints their personal character onto the work, as stipulated in Article 140, paragraph 10 of Law 82 of 2002.

The copyright protection of photographic works requires innovation, such as choosing camera angles and frame size through appropriate lens selection, and defining certain elements including:

 * Shutter speed

 * Iris

 * Color temperature

 * Focus

A photographer possesses many skills that result in a photographic work enjoying protection.

Innovation is relative; what was innovative yesterday may not be so today. 

In the Latin system, such as in France and Arab countries including Egypt, innovation is attributed to the natural person possessing intellect. This contrasts with the Anglo-Saxon system, which grants this right to the publisher, based on the "sweat of the brow" theory.

A photographer possesses many skills, including "drawing with light," through which they produce a work with originality manifested in the interplay of light and shadow that embodies the subject's personality. This aims to reach the depths of the personality being photographed, according to the photographer's feelings and emotions, to achieve a work bearing their personal character and thus enjoying copyright protection. However, if their role is limited to merely pressing the shutter button to capture the image – meaning if the mechanical aspect outweighs the personal aspect – it is not protected by copyright law. Instead, it is protected by general legal principles that prevent infringement or illegal acts and provide compensation for damages.

Duration of Protection for Photographic Works

The Berne Convention indicates that member countries have the right to determine the term of protection for photographic works to the extent that they are protected as artistic works, provided that the term of protection is not less than twenty-five years from the date of completion of the work.

 These terms are calculated from the first of January of the year following the death of the author or the occurrence of the event.

Despite the differences in the legislation of each country regarding the duration of protection, and as mentioned in the Berne Convention regarding the protection of photographic works, if they possess an innovative character and the author has imprinted their personal touch, they enjoy protection. Similarly, anything that resembles or is analogous to them, such as extracting still images by taking screenshots from any audiovisual work, is addressed. 

For example, Article 1, paragraph 9 of the Moroccan Law 00-2 on Copyright and Neighboring Rights considers these images an integral part of the audiovisual work and not a photographic work.

The use by a photographer of a similar or analogous method to photography, such as images transferred from television, computer, or the internet, and the protection of these similar or analogous works, is conditional on them having a visual impact and possessing innovation through the clear expression of intellectual effort or the personal imprint of the creator.

Infringement of Photographic Works.

Among the rights of the author of a photographic work is the right to take new photographs of any photographed subject, even if these new photographs are taken from the same location and the same angle as previously taken photographs. However, it is not permissible to directly photograph a protected work without the consent of the copyright holder, otherwise it is considered a copyright infringement. The idea of a photograph is not protected unless it is executed, unlike another idea that is protected as soon as the execution plan is drawn up, regardless of whether the plan is completed.