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DPChallenge Forums >> Individual Photograph Discussion >> Copyright Issue?
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11/26/2009 07:03:32 PM · #1
Close enough to say a copy? Your thoughts?



11/26/2009 07:19:32 PM · #2
I don't see any copyright issue. Someone else took a photo that looks like another one. Do you think people can't do that?

Matt
11/26/2009 07:29:05 PM · #3
It depends on how similar it is. If they copied your idea and set up for commercial purposes then yes that can be a copyright issue. There is a good example I think of a couple kissing that a firm tried to copy and got sued for, I think it's been linked on here before but I can't find it.
11/26/2009 07:36:50 PM · #4
Mm, I would doubt it's a copy. It's that sort of mundanely-interesting shot that people are going to come up with independently for stock photography. "Business-like with a twist" stock photography is all over the place, and I've seen this sort of thing fairly often.
11/26/2009 10:36:59 PM · #5
IMO I think "The Scènes à faire doctrine" would rule that it does NOT infringe on copyright laws.

A court example to compare.

Message edited by author 2009-11-26 22:38:05.
11/27/2009 04:24:37 AM · #6
The answer might depend a little on jurisdiction, though the principles are applied by international convention so I can comment generically.

Copyright is intended to stop copying - the act of reproduction. If someone comes up with an identical work completely independently, then there is no copyright infringement.

In the case of photoghraphy, it would be incredibly hard to argue that recreating a scene amounted to copying the original photo. Absolutely every artistic element would have to be deliberately copied from the original photo, and even then it would be difficult to argue.

The images you show are of similar subjects - but the photos look completely different. There is categorically no copyright infringement.

Ironically, by photographing the brochure image for display on this site, you are probably in breach of copyright (though I wouldn't worry about it - it is advertising literature and so you are doing the opposite of causing them damage!).
11/28/2009 10:46:54 AM · #7
Originally posted by Matthew:

The answer might depend a little on jurisdiction, though the principles are applied by international convention so I can comment generically.

Copyright is intended to stop copying - the act of reproduction. If someone comes up with an identical work completely independently, then there is no copyright infringement.

In the case of photoghraphy, it would be incredibly hard to argue that recreating a scene amounted to copying the original photo. Absolutely every artistic element would have to be deliberately copied from the original photo, and even then it would be difficult to argue.

The images you show are of similar subjects - but the photos look completely different. There is categorically no copyright infringement.

Ironically, by photographing the brochure image for display on this site, you are probably in breach of copyright (though I wouldn't worry about it - it is advertising literature and so you are doing the opposite of causing them damage!).


It was for editorial fair use. :-P

There was a case of a photograph (i.e. the idea and set up) being copied and the judge found in favour of the original photographer, I just wish I could find it...
11/28/2009 01:21:04 PM · #8
I'm with the one's who say no copyright issue.
11/28/2009 01:54:16 PM · #9
no say either way - but i wonder if the entrant saw the ad before entering the image.

11/28/2009 06:54:01 PM · #10
Wow. I can't believe how similar the other photo is...just checked out "thebay.com" and it's on the homepage.
I thought my idea was unique! :) oh well.. I guess it makes me feel good to know that I came up with a good concept!

Message edited by author 2009-11-28 18:54:40.
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