C owned copyright in a painting from which it produced a fabric design – design was stripes with flowers on top of it. C complained that D had infringed copyright in its painting through copying the fabric design in D’s own fabric design.
D claimed he was not aware of C’s design, though there was evidence D had attended trade show at which C’s design was displayed. Held:
· There was infringement.
· Whether substantial part of artistic work has been taken depends upon cumulative effectof copied features.
Ø And NOT upon whether each feature has in isolation been substantially copied.
· Ifsimilarities between two works are sufficient to raise inference of copying, those similarities will normally satisfy requirement of substantiality.
· See notes.