Find legal issue and legal principle, explain. （20 scores）

A famous rock band, Mirage, is planning the cover for their latest album. They decide to photograph the band members, alongside a collection of items situated in the grounds of an expensive country hotel. The items include a Rolls Royce partially submerged in a swimming pool, a scooter, and a clock. During the official photography session, a freelance photographer surreptitiously takes photographs of the scene which he sells to a tabloid newspaper. Mirage seeks to restrain the newspaper from publishing photographs of the scene, claiming that the scene is an artistic work which has been unlawfully copied. The newspaper disputes that the collection of objects constitutes a work of art. Mirage also argues that the scene is confidential in nature, whereas the newspaper argues that it is in a public space and hence not confidential.