This is wrong in so many ways. By the way, don’t you dare post a photo of a birthday cake with candles: I’ve got one of when I was three.
A UK judge ruled that a photograph inspired by another photograph, but clearly different from it, infringes the original photo’s copyright. The two photographs were shot in the same location, have the same subject, and use the same distinctive post-processing treatment. However, the angle and composition are different. From the article: ‘[The judge] said a difficult decision hinged on a “qualitative assessment of the reproduced elements.” He defined Fielder’s image a “photographic work,” as distinct from a simply a photograph, in that “its appearance is the product of deliberate choices and also deliberate manipulations by the author,” and concluded that those aspects had been copied.