Antiquesportfolio Com Plc v Rodney Fitch and Co Ltd: ChD 21 Jul 2000

In a contract to supply designs, there was an implied obligation to carry out the design work with reasonable care and skill and to use reasonable care to ensure that the materials supplied were free of any adverse claim.
Held: The breach arose not at the time when proceedings for infringement were begun, but when the duty not to copy was broken. A photograph of a static object was itself capable of founding a claim to copyright. The requirement of originality was satisfied ‘by little more than the opportunistic pointing of a camera and the pressing of the shutter button.’


Neuberger J


Times 21-Jul-2000, Gazette 27-Jul-2000, [2001] FSR 345, [2000] All ER (D) 950

Cited by:

CitedTemple Island Collections Ltd v New English Teas Ltd and Another PCC 12-Jan-2012
The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 17 May 2022; Ref: scu.77818