Similar Photographs and Copyright Infringement

© http://www.swanturton.com

byCHARLES SWAN

Temple Island Collections v New English Teas. Can the copyright in a photograph be infringed by shooting a similar photograph?

The answer to this question has generally been thought to be yes. In the first UK judgment directly on this point the Patents County Court has confirmed this.

His Honour Judge Birss QC decided that a photograph of a red London bus against a black and white background of Big Ben and the Houses of Parliament, with a blank sky, was similar enough to another photograph of the same subject matter to infringe copyright.

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