will be original if it reflects the author’s personality, ‘an intellectual creation is an
author’s own if it reflects the author’s personality. That is the case if the author was able
to express his creative abilities in the production of the work by making free and
creative choices and if it expresses the authors free and creative choices, ‘photograph
is an intellectual creation of the author reflecting his personality and expressing his free
and creative choices in the production of that photograph. In the case the photograph
was original because it did reflect the author’s personality or as the court stated the
author stamped the work with their ‘personal touch’, ‘the photographer can make free
and creative choices in several ways... in the preparation phase, the photographer can
choose the background, the subject’s pose and the lighting... he can choose the framing,
the angle of view and the atmosphere created. Finally, when selecting the snapshot, the
photographer may choose from a variety of developing technique... By making those
various choices, the author of a portrait photograph can stamp the work created with his
‘personal touch and ‘she took several photographs of Natascha K. designing the
background, deciding the position and facial expression, and producing and developing
them. The effect of this case is that it is made clear if it could not be deciphered from
Infopaq that mere skill or labour is insufficient to confer originality and that more is
needed. The initial UK reaction to Infopaq in the Meltwater case therefore must be
wrong and the UK test has been altered and that a work simply originating from an
author is insufficient to qualify for protection. What is now needed is the personal touch
or personality of the author to be reflected in the work, ‘relevant is an element of
choice: there must be the possibility to choose one alteration over another. With these