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ARTICLE · 13 MAY 2013

Issue 057 | Photocopiers

A discussion on an interesting decision in the UK, recently involving something that's all the rage now – black and white photos of some iconic city scene, with one feature being bright red.

South AfricaIntellectual Property
Hans Muhlaberg
Hans Muhlaberg

Photos enjoy copyright. But it would be absurd if I could take a snapshot of Big Ben and then sue every Nikon-carrying Japanese tourist who took a photo that happened to be similar to mine. But what if I put some real effort into my photo? There was an interesting decision in the UK recently involving something that's all the rage now – black and white photos of some iconic city scene, with one feature being bright red. In this case, the photo was of a bus driving over a bridge, with Big Ben and the Houses of Parliament in the background. All in black and white, except for the bus which was bright red. The owner of the copyright in one such photo (there are in fact many and, as a pedant of my very close acquaintance points outs, some contain elementary errors, like a bus going south over the river marked 'Piccadilly Circus') sued a photographer who came up with something that was very similar.

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