GO BA­NANAS

Business Day - Business Law and Tax Review - - BUSINESS LAW & TAX REVIEW -

PETA would have an up­hill bat­tle ar­gu­ing that Naruto is the au­thor of the pho­to­graphs. On the other hand, Slater will have an ar­gu­ment that he is the au­thor by virtue of him set­ting up the scenes and putting his own touch on the pho­to­graphs.

With re­gard to own­er­ship, it is a ba­sic tenet of copy­right law that the au­thor and/or cre­ator of the copy­righted work is in most in­stances the owner of the copy­right in that work. There­fore, should Slater be suc­cess­ful in ar­gu­ing that he is the au­thor of the pho­to­graphs, he will au­to­mat­i­cally be­come the owner thereof.

In light of the above, should Slater be able to show that the pho­to­graphs were “orig­i­nal”, the copy­right would vest in him. For the pho­to­graph to be “orig­i­nal”, it must be shown that the work is the au­thor’s own in­tel­lec­tual cre­ation in that it was not a slav­ish copy of an ex­ist­ing work and that suf­fi­cient judge­ment has been used to cre­ate the work. The stan­dard of orig-

Pic­ture: iSTOCK

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