The burden of proof would be on the photographer to prove that it was a "copy" of their work rather than an independent creation. At a certain point it comes do

The burden of proof would be on the photographer to prove that it was a "copy" of their work rather than an independent creation. At a certain point it comes down to this intangible idea of intent and process. Reminds me of the "What Color are your Bits" piece http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php