Intellectual Property Law

Chapter 10 Putting It Into Words Solution

Draft a paragraph to be inserted into a letter to a client explaining why a photograph of a
famous oak tree taken by Jack King that appears to be identical to your client’s
photograph does not infringe your client’s earlier photograph.

To be eligible for copyright protection, material must be original, meaning
that it must have been independently created and must possess a minimum
level of creativity. In the context of copyright law, “original” does not mean
“first” or “novel.” It means simply that material must be an independent
product of the author and not merely a copy of an existing work. Thus, if Mr.
King did not copy or reproduce your photograph but rather took his own
photograph, it does not infringe your photograph (even though it appears to
be identical to your photograph), and each photo is entitled to copyright
protection.