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08/24/2011 11:37:42 AM · #1 |
there is a huge difference between infringement and visual plagiarism. copyright law protects only the expression of an idea ΓΆ€“ not the idea itself.
enjoy ;-) |
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08/24/2011 03:24:25 PM · #2 |
Definitely the right ruling. If I took a photo of a red Toyota pickup truck driving down the road with a german shepard in the back wearing a blue collar and someone across the world took basically the same shot why would I consider that a copyright infringement. That's absurd and a very slippery slope.
I'm glad the judge gave the lawyers and their client a few choice words.
Skip is right...there is a huge difference between infringement and flat out visual plagiarism.
Dave |
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08/24/2011 06:31:38 PM · #3 |
| Wow, the courts got it right! Thank goodness it isn't like copyrights on software where if you can think of it, odds are it or one of the component ideas has been copyrighted already, and you will be sued. |
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08/24/2011 06:52:49 PM · #4 |
I totally agree... but not quite. :D
What if I send ... say... a photo of a cat on a ladder with the namebrand showing... to the namebrand ladder company as a potential advertisement... but only send them the lower res file, to protect myself.
Then, namebrand ladder company gets someone else to re-create my photograph and they use it for a world-wide advertising theme.
Why is that their property when I came up with the idea and they just copied it so save themselves from paying me for the idea and my image?
This is, of course, only hypothetical... but I can see it happening.
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08/24/2011 10:15:38 PM · #5 |
Originally posted by LydiaToo:
I totally agree... but not quite. :D
What if I send ... say... a photo of a cat on a ladder with the namebrand showing... to the namebrand ladder company as a potential advertisement... but only send them the lower res file, to protect myself.
Then, namebrand ladder company gets someone else to re-create my photograph and they use it for a world-wide advertising theme.
Why is that their property when I came up with the idea and they just copied it so save themselves from paying me for the idea and my image?
This is, of course, only hypothetical... but I can see it happening. |
I feel that's a different scenario compared to one in the law suit or my example. If you submitted your idea and concept photo to that company unsolicited with no legal stipulations agreed to and they run with your idea having never met you I think that's your fault as the photographer. It would be the equivalent of looking on Flickr and seeing a photo they like and using that concept in their ads. That's not illegal. You freely gave them an idea and they used it. Now, morally or ethically one might question their move, but not at least contacting you and throwing something your way.
However, if you were approached by the company, and even better contracted to come up with some ad photo concepts, and they told you they didn't think they would work for them....and they later did use them, THEN I feel you would have legal justification in filing a law suit.
Dave |
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08/24/2011 11:56:17 PM · #6 |
keep in mind, it's not the idea that is copyrighted, but the expression of the idea. one of the greatest cases (imho, as it involved one of my all-time favorite photographers, jack leigh) supports lydia's claim. in that case, leigh had photographed a statue in a cemetery in savannah for a book cover and the company that made a movie of the book didn't want to pay jack for his image - so they shot their own version. the case banged around the courts for a while, and ultimately an appeals court ruled that there were enough similarities for a jury to consider whether warner bros had infringed upon leigh's copyright. they ended up settling...
if you're interested you can read more about this stuff |
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08/25/2011 01:23:16 PM · #7 |
That's a very interesting link, Skip. Thanks.
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