UK court: similar photo is copyright infringement

[Doug Sundseth]

In the US, I think the result would be the same. It sounds to me like the second image is clearly a derivative work of the first, and the copyright in derivative images inheres in the original image.

[dakwegmo]

Originally Posted by doctorjames

from the whole ruling, it would appear to be that there would be no infringement if the image had been 'captured' rather than created.

I have to say I am surprised by the initial ruling, because there are numerous examples of selective colouring being employed on london landmarks or icons, a lot of which I would think pre-date the 'original' here..

Yeah, the defense presented several of these images which pre-date the 'original', but then said they had never seen any of them prior to creating their composite. They then didn't even bother to argue that they had created the image independently. So, it seems, whether they copied Mr. Fielder's image was never really in question, just whether how and what they copied was an infringement. I'm curious to see the outcome of the appeal.

[Ginger Pixie]

Eugh. I hate selective colouring.

The copied image is pretty terrible.

Interesting issue though.