Photographer of football photo is on the legal war path

Started Feb 19, 2013 | Discussions thread
Dan Marchant
Senior MemberPosts: 1,546Gear list
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He wont win.
In reply to Rdefen, Feb 26, 2013

Someone might choose to settle in his favour but my prediction is that if it goes to court he wont win.

Hundreds of photographers have taken iconic images of landmarks, or people doing X. Just because someone captures a similar image that does automatically make it infringement. The judges will make their decision based on various criteria but I expect that two items that will feature in their ruling are:

1. He didn't set up the original shot, merely captured the moment.

2. The other photographers didn't set up the shot either - in other words they weren't trying to recreate his iconic image (there was no intent to infringe) just capturing the moment.

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Dan
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