€25.58 – €28.84
Background
This memorandum addresses allegations of copyright infringement concerning a visual art piece (the “Artwork”) that bears significant resemblance to a photograph (the “Photograph”) taken in 2015 by [Insert Photographer’s Name]. The Photographer asserts that the Artwork copies protected elements of the original Photograph without authorization.
Legal Framework
- Copyright Protections:
Under the Copyright Act of 1976 (17 U.S.C. §§ 101 et seq.), photographs are protected as original works of authorship fixed in a tangible medium. Copyright extends to creative elements such as composition, lighting, subject arrangement, and perspective. - Infringement Test:
To establish infringement, the claimant must demonstrate:- Ownership of a valid copyright, and
- Substantial similarity between the protectable elements of the original work and the allegedly infringing work.
Analysis
- Ownership of Copyright:
The Photographer’s ownership of the Photograph’s copyright is presumed valid, as it is an original work of authorship. If registered, the registration certificate serves as prima facie evidence of ownership (17 U.S.C. § 410(c)). - Substantial Similarity:
A comparative analysis reveals that the Artwork replicates the Photograph’s unique composition, including the subject placement, lighting choices, and angle of perspective. These elements likely qualify as protectable under copyright law, as they reflect original creative expression. - Potential Defenses:
- Independent Creation: If the Artist can demonstrate that the Artwork was independently created without access to the Photograph, infringement may not be established.
- Fair Use: The Artist may argue fair use (17 U.S.C. § 107) by showing that the work is transformative, used for criticism, commentary, or education, and does not adversely impact the market for the original Photograph. However, mere reproduction without significant alteration weakens this defense.
