2009/7/11 geni geniice@gmail.com:
General opinion is that creativity isn't required for copyright in the UK as long as enough work went into it.
My brow doesn't generally sweat when I take photographs, but that is presumably the approach they would take.
From a legal POV there is little point in fighting this in the UK. Far better to fight when it hits the US if the NPG is stupid enough to take it that far.
As they say in their email, there is clear precedent that it isn't illegal in the US, so they aren't going to take it there.