You Steal My Cat (copyright law/alteration/renew/photo)

You Steal My Cat (copyright law/alteration/renew/photo)

Li Dongtao

Description: a renewed, digitized image of an older photo cannot be considered as a new work.

The Facts

The Photo can fade with time and age¹ 

This is a case about “fade”. 

The plaintiff is a famous photographer. 

The defendant is a software engineer. 

One day about 50 years ago, when the plaintiff saw a lovely black cat staring at a yarn ball, he captured this playful moment and took a black-and-white photo.

The photo was published on a magazine a month later.

As time goes by, the photo on the old magazine is fading now, the expression in the eyes of the cat can no longer be read. LDT

In 2006, the defendant bought an old magazine, modified this photo on his computer, renewed it and then uploaded the new version onto his blog.

The new photo went viral quickly. 

The plaintiff sued the defendant for copyright infringement. 

The defendant argued that the copyright infringement was not established because the renewed photo was a new work.

Analysis

The copyright infringement is established.

The person who creates an image will generally be the first owner of the copyright.

The plaintiff has been entitled to the copyright since she finished this work. 

Without her permission, the defendant shouldn’t publish the new photo on his blog.

It’s true specialist skills have been used to optimize detail in this case, it’s also true there is still minimal scope for a specialist to exercise free choices: new digital image of an older photo cannot be considered as “original, there is no new work, no new copyright.

In short, fade with time, but not lose copyright.

You Steal My Cat II

Li Dongtao

The defendant’s right.

How to renew an older photo, use what software?

The relevant technology, or, the software, may be a work, another work, the defendant may be entitled to the copyright.

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