从维权视角看摄影著作权协会发展之困与破

Exploring the Problems and Breakthroughs in the Development of Images Copyright Society from the Perspective of Safeguarding Rights

摘要: 近年来，我国摄影作品侵权案件频发。中国摄影著作权协会作为中国唯一、世界上成立最早的摄影著作权集体管理组织，理应在图片著作权维权中发挥更大作用。通过多份以中国摄影著作权协会为原告的裁判文书的分析，作者发现其除存在代表性不强、透明度不够、监督机制有限等著作权集体管理组织普遍存在的困境外，还存在会员入会门槛设置不合理、参与诉讼案件少、效率低下等问题。基于此，文章从“破困”与“立信”两个维度为摄著协的未来发展提出建议。

Abstract: In recent years, there have been frequent cases of infringement of photographic works in China. As the only collective management organization of photographic copyright in China and the earliest established in the world, Images Copyright Society of China (ICSC) should play a greater role in the protection of image copyright. Through the analysis of a number of judgment documents with “ICSC” as the plaintiff, the author found that in addition to the common difficulties of copyright collective management organizations, such as weak representation, insufficient transparency, and limited supervision mechanism, there were also problems such as unreasonable threshold setting for membership, less involved in lawsuit, and low efficiency. Based on this, this paper puts forward suggestions for the future development of the ICSC from the two dimensions of “breaking the plight” and “establishing trust”.