Copy Right?
If someone takes a photograph in a derilict building that is part of a developement complex and to take this picture they have to break and enter to take this photo if someone copies the picture off the internet and claims it as there own and the taker finds out and threatens you you with court action how would it stand up in a court of law who would be the guilty party in this instance damage has deen done to an irrplasable Leaded window in a listed building
Answer:
Whether or not a photo is copyrighted has NOTHING to do with the legality of how or when it was taken. There is absolutely nothing in the copyright laws that withhold protection because the method was arguably illegal. Even artistic grafitti on public buildings are copyrighted and cannot be legally modified without permission of the artist.
That said, to prove infringement, the photographer/artist would have to prove ownership, and having done so, has provided sworn admission to the crimes necessary to obtain the photo (or tag the building), and such evidence could be used against him, at the discretion of the local prosecutors.
Two separate issues. If someone has the legal right to take a photograph (i.e. the subject was held out the public), then they can enforce that copyright if someone else copies their picture without their consent.
But, independent of that, someone who breaks into private property may still be liable, either criminally or to the property owners in civil court, for that trespass.
One has very little to do with the other in most cases.
Damage done is criminal damage, which the photographer could be prosecuted for (providing there is sufficient evidence to secure a conviction). I didn't really understand the rest of your question because you seem not to have grasped the whole idea of the sentence.
The original photographer cannot claim copyright of any photograph he took while in the process of committing a crime. I imagine the court would decide this was profiting from the felony and would award copyright to the owners of the building as part of any damages.
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