Newsletter
PHOTOS OF MERCHANDISE ARE COPYRIGHTABLE
Opinions have been very much divided in practice as to whether photos of merchandise are copyrighted works.
In a criminal appeal judgment issued on 18 December 2008, the Intellectual Property Court held that photos of merchandise could be defined as photographic works, which are protectable under the Copyright Act; however, such protection is conditioned on whether they are creative in nature and have originality. If the photos have features which express the photographer's unique style and skill and are thus creative in nature, such works are copyrightable.