How the Two Child Abuse Cases Helped to Shape the Test of Originality of Photographic Works

Abstract

The author intends to assess the approach to finding originality in photographic works in the courts of the United States of America and the approach developed by the Court of Justice of the European Union. The means through which such assessment is to be made are two cases, each decided in a respective jurisdiction; nonetheless they are connected via both factual and legal circumstances - both involving child abuse and a dispute regarding a copyright infringement in a photographic work. The article will thoroughly assess the legal circumstances of each case and describe the methods of identification of originality applied therein. Following the said assessment, an analysis of the possible merger of both methods will be conducted, with emphasis on the possible added value for the test of originality applied to photographic works within the copyright framework of the European Union. The author’s intention is to conduct a comparison between both approaches to highlight their individual advantages and disadvantages, with a final assessment of their possible joint application in cases involving copyright infringement of photographic works within the copyright framework of the European Union.