| 英文摘要 |
While many countries are proactively promote the development of cultural industry, an important issue is looming ahead, that is, how to protect and utilize the photographic works of cultural and artistic objects. To solve this problem, many issues emerged. Among all the issues, whether the photographs that faithfully reproduced the original works are subject to copyright protection is one of the most thory issue. In the international field, especially in the United States, following the seminal decisions of Feist and Bridgeman and Prof. Nimmer’s view, a work of “absolute fidelity” is considered non-copyright protectable for lack of orginality. However, in Taiwan, whether the photograph of a cultural and artistic work is subject to copyright protection is also depending on the originality. Even thought it is difficult to prove originality, the museums still can using contract to achive the purpose of protection and utilization the digitized products of the cultural and artistic works. As a result, licensing agreement is an important tool when utilizing the digital content.
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