Copyright. Concrete work or visual aspect?
Copyright protects a specific work, as opposed to a work which has such a visual aspect.
Copyright protects a specific work, as opposed to a work which has such a visual aspect. ( 51 ) Two photographers capturing the same scene at the same time may get images which do not produce a different overall [visual] impression. In terms of the law relating to designs, whoever publishes his photograph first may oppose the publication of the other photograph. That is not the case under copyright, where parallel creation, provided that it is original, is both lawful and enjoys full protection as a separate work. The same is true of a creation inspired by earlier works. To the extent that that creation does not constitute an unauthorised reproduction of original elements of another’s work, the question of copyright infringement does not arise, irrespective of whether the overall [visual] impression is different.