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Is a photograph an original work ?

Any original photograph, in other words bearing the mark of the person who took it, benefits from protection in the same way as other works of the mind.

However, to be able to benefit from the resale right, it is the criteria of the French tax code that are used (cf. Article 98 A of Annex III of the French tax code) :
- proofs must have been produced either by the artist, or under his/her or the beneficiaries’ control
- they must be signed by the artist or authenticated by him/her or his/her beneficiaries
- must be limited to 30 copies.

Photographers are recommended not to part with negatives without getting a receipt signed attesting to the delivery of documents in order to be able to prove they created the photographs, if necessary.
It is also recommended to put a notice on the back of copies followed by the name of the artist, as well as the year of creation, prior to any distribution.