Naming a business after a lyric - copyright?

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Lucan Unlordly

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Feb 24, 2009
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For example, if I photograph a bus on Westminster bridge my photo is protected by copyright. You can't legally photocopy my photo or take it from my website and use it, without my permission. However you can go to Westminster bridge and take a similar photograph of a bus without infringing my copyright...... unless you have an existing business agreement with me to license my image and (the court believes) you are now creating yours in order to avoid paying me my license fee. - it is entirely possible for what you actually do not to be infringement but why you do it makes it infringement.

Wasn't there a case a few years back when an iconic image of a London Bus travelling around Trafalgar Square was 'replicated' in the manner you suggest, and the photographer lost because the idea and layout of the image was deemed to be subject to copyright?
 
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atmosbob

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Oct 26, 2009
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Wasn't there a case a few years back when an iconic image of a London Bus travelling around Trafalgar Square was 'replicated' in the manner you suggest, and the photographer lost because the idea and layout of the image was deemed to be subject to copyright?
No. It was exactly as Dan described. In fact Dan describes the case closer to the facts than many other versions of the case on the web.
 
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Wasn't there a case a few years back when an iconic image of a London Bus travelling around Trafalgar Square was 'replicated' in the manner you suggest, and the photographer lost because the idea and layout of the image was deemed to be subject to copyright?
Yes, that is the case I am referring to (except that it is Westminster Bridge). The judge did state that the image contained key element from the original work but also stated that had the company hired an independent photographer and told them to go there and take a photo with those elements it would not have been infringement.

It was the fact that they had a pre-existing relationship with the original photographer and had seen his work that was key to the decision.
 
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