Attention! You can not take pictures of red buses on the background of gray London!
The Temple Island Collection Ltd, a souvenir maker, won the trial of New English Teas, accused of copyright infringement for using a “photo” of a London bus. The photos are really similar, but not identical. And yet…
In 2005, Justin Fielder, managing director of Temple Island Collection Ltd, took a photo of the bus passing over the bridge against the background of Parliament and Big Ben, then did some manipulations with it in Adobe® Photoshop®, as a result, the photo acquired the following appearance :
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He said in the news: “As the creator of the Red Bus Concept and product concept as a whole, we gave New English Teas the opportunity to license the image and work with us, but they refused.”
But the image of the company New English Teas, which the court considered the stolen concept:
Expert Charles Swan said: “His honor Judge Birss decided that the photo of the red bus against the black-and-white Run Ben and the parliament building, with a clear sky, is quite similar to another photo. The solution is perhaps surprising, given the banality of the theme of photos. The judge acknowledged that he had found this a difficult task, but in the end he decided that most of the first photograph (Temple Island Collection) was largely reproduced in the second ([New English Teas).
Inspiration and references are good in their own right, but there is a line between copying an idea and copying an original expression of an idea, which is often difficult to do one-on-one.
Despite the fact that the images are not identical, the judge ruled that the composition in Fielder's photo, including such things as the “visual contrast” of the bright red bus and the colorless background, are the creator’s intellectual creativity, and decided in his favor.
Both images are available here . (pdf, 47 kb)
The full court decision is here .
In 2005, Justin Fielder, managing director of Temple Island Collection Ltd, took a photo of the bus passing over the bridge against the background of Parliament and Big Ben, then did some manipulations with it in Adobe® Photoshop®, as a result, the photo acquired the following appearance :
')
He said in the news: “As the creator of the Red Bus Concept and product concept as a whole, we gave New English Teas the opportunity to license the image and work with us, but they refused.”
But the image of the company New English Teas, which the court considered the stolen concept:
Expert Charles Swan said: “His honor Judge Birss decided that the photo of the red bus against the black-and-white Run Ben and the parliament building, with a clear sky, is quite similar to another photo. The solution is perhaps surprising, given the banality of the theme of photos. The judge acknowledged that he had found this a difficult task, but in the end he decided that most of the first photograph (Temple Island Collection) was largely reproduced in the second ([New English Teas).
Inspiration and references are good in their own right, but there is a line between copying an idea and copying an original expression of an idea, which is often difficult to do one-on-one.
Despite the fact that the images are not identical, the judge ruled that the composition in Fielder's photo, including such things as the “visual contrast” of the bright red bus and the colorless background, are the creator’s intellectual creativity, and decided in his favor.
Both images are available here . (pdf, 47 kb)
The full court decision is here .
Source: https://habr.com/ru/post/136985/
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