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Comment: Points 66 and 67 of the judgement (Score 1) 657

by Alistair Hutton (#38829109) Attached to: Non-Copied Photo Is Ruled Copyright Infringement
66. On the first point, Mr Fielder's image is not what I will call a mere photograph; by which I mean an image which is nothing more than the result of happening to click his camera in the right place at the right time. I do not need to grapple with the scope of copyright protection arising from such a photograph. Mr Fielder's image could perhaps best be called a photographic work; by which I mean to emphasise that its appearance is the product of deliberate choices and also deliberate manipulations by the author. This includes choosing where to stand and when to click and so on but also includes changes wrought after the basic image had been recorded. The image may look like just another photograph in that location but its appearance derives from more than that.

67.On the second point, the collection of other similar works relied on by the defendants have worked against them because the collection has served to emphasise how different ostensibly independent expressions of the same idea actually look.

They are key and paint the case in a far different light from the scare mongering sensationalist headlines that have been produced about the case.

You will be traveling and coming into a fortune.

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