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10/26/2012 09:58:50 AM · #1
The Link

Copy cat?
A magazine claims another magazine copied its cover for a Christmas-themed booklet. The first magazine published last year a cover with a top-down view of a rough corrugated cardboard box containing festive biscuits (or, as Americans call them, "cookies") decorated with ribbons. Now the second magazine has just published a book with a similarly set-up cover, though the background colour is completely different.

---- What do you think? Do they have a case? Would it be a cause for a copyright suit in America?

The first magazine is called Donna Hay Magazine, which I'd never heard of before. The second one is the venerable Australian Women's Weekly that has been published for yonks (it used to be published weekly, but then it became a monthly magazine, however they never got around to changing its name, for some reason).

Now, the Donna Hay team claims that it's their original idea, but I wouldn't be surprised at all if some American or English magazine of similar ilk published one earlier (2010 or before). Anybody want to make a search?
10/26/2012 10:04:21 AM · #2
I'm thinking they need to stuff it and feel complemented.

This is not even close to the level of similarity I often see on covers of magazines, and I certainly don't see this being successfully pursued in America, but I'm not a copyright lawyer.
10/26/2012 10:37:15 AM · #3
It's a box of cookies. That idea has been done before, and I'm sure it'll be done again.
10/26/2012 10:41:02 AM · #4
I agree. I've seen similar things on magazines every year here in the states (Woman's Day and Family Life come to mind), and we could probably even find similar shots here on little ole' dpc. I don't think they have a case (but I'm not a lawyer).
10/26/2012 10:50:22 AM · #5
Originally posted by Pug-H:



---- What do you think? Do they have a case? Would it be a cause for a copyright suit in America?


depends on how good the lawyers are. you can win any case if you have enough money and a good enough legal team.
10/26/2012 11:08:05 AM · #6
Ridiculous lawsuit. "Hey, It's Christmas, let's do a box of bickies!" "Naw, we can't shoot biscuits anymore, Donna Hay's already copyrighted that idea." I hate to think what would happen to, say, the car magazines if every "idea" that had been used before on the cover of any of them got ruled off-limits.
10/26/2012 11:13:08 AM · #7
How ridiculous! That's been done so many times before. They came up with a new inspired idea?? Seriously??

Besides that -- they're cookies, not biscuits.

This is a biscuit!

Silly people... :D
10/26/2012 11:15:31 AM · #8
Originally posted by vawendy:

Besides that -- they're cookies, not biscuits.

Don't try to convince Penny of that...
10/26/2012 11:16:54 AM · #9
10/26/2012 03:16:36 PM · #10
Hey, we put a pretty young woman in a bikini on our cover in 1953, you guys all copied our idea!
10/26/2012 03:29:46 PM · #11
Originally posted by Bear_Music:

Originally posted by vawendy:

Besides that -- they're cookies, not biscuits.

Don't try to convince Penny of that...


Personally, I think they named Mcvities digestive biscuits so that Americans would never try them to find out just how good they are.

Seriously... digestive biscuits?
10/26/2012 03:32:31 PM · #12
Originally posted by vawendy:


Personally, I think they named Mcvities digestive biscuits so that Americans would never try them to find out just how good they are.

Seriously... digestive biscuits?

Oh, definitely. To settle the stomach. Like if you're queasy, eat some soda crackers? Same principle.
10/26/2012 03:43:04 PM · #13
Originally posted by vawendy:

How ridiculous! That's been done so many times before. They came up with a new inspired idea?? Seriously??

Besides that -- they're cookies, not biscuits.

This is a biscuit!

Silly people... :D


How on Earth is a scone a biscuit?
10/26/2012 03:48:08 PM · #14
Originally posted by Bear_Music:


Oh, definitely. To settle the stomach. Like if you're queasy, eat some soda crackers? Same principle.


Which is why the ones dipped in chocolate are so popular. "No of course I am not having a late night snack, this is purely medicinal. As is the whiskey."
10/26/2012 09:29:48 PM · #15
Originally posted by SaraR:

Originally posted by vawendy:

How ridiculous! That's been done so many times before. They came up with a new inspired idea?? Seriously??

Besides that -- they're cookies, not biscuits.

This is a biscuit!

Silly people... :D


How on Earth is a scone a biscuit?


That's not a scone. A scone is a scone. That's a baking powder biscuit.
10/26/2012 10:30:12 PM · #16
Originally posted by vawendy:

Originally posted by SaraR:

Originally posted by vawendy:

How ridiculous! That's been done so many times before. They came up with a new inspired idea?? Seriously??

Besides that -- they're cookies, not biscuits.

This is a biscuit!

Silly people... :D


How on Earth is a scone a biscuit?


That's not a scone. A scone is a scone. That's a baking powder biscuit.


It sure looks like a scone to me.
10/26/2012 10:49:24 PM · #17
Originally posted by jomari:

It sure looks like a scone to me.

They ARE basically the same thing:
Originally posted by //www.preparedpantry.com:

Whatâs the difference between biscuits and scones?

âCan I make biscuits with my scone recipe?â

Thereâs a fine line between biscuits and scones. Itâs true that your English scones look different than your Southern Buttermilk Biscuits but there is not that much difference between the two. And if you shape your biscuits like scones and scones like biscuits, itâs hard to tell the difference.

Biscuits and scones are often mixed and baked the same way. We use a round biscuit cutter for both.

Typically, scones are made with egg and are a little sweeter. Often scones have fruit or nuts added and may be drizzled with a glaze. But you can add fruit and nuts to a biscuit recipe also. (Some would say that if you, do your biscuits just become scones.)

Scones originated in Scotland; biscuits are thought of as an American food.
10/26/2012 10:54:54 PM · #18
Ah, well just to add to the confusion, scones do not have egg in them here, and are often not sweet at all. We leave the sweetening to the jam and cream we pile on top. Oh, here's another confusion, our jam is your jelly. Our jelly is your jello.
10/26/2012 10:56:01 PM · #19
Of course, this is not meant to be a discussion about the differences between North American English and Commonwealth English, but the actual gumption of one magazine saying that their shot of a box of biscuits (North America: cookies) was totally original.
10/26/2012 11:01:29 PM · #20
Originally posted by Pug-H:

Of course, this is not meant to be a discussion about the differences between North American English and Commonwealth English, but the actual gumption of one magazine saying that their shot of a box of biscuits (North America: cookies) was totally original.


Sorry to have got off topic. The claim to originality for a box of biscuits is pretty laughable. The photos don't look very similar. And we all know that KarenNfld has the rights to top down views of boxes with compartments filled with stuff :-)
10/27/2012 12:35:45 AM · #21
Originally posted by jomari:

Originally posted by Pug-H:

Of course, this is not meant to be a discussion about the differences between North American English and Commonwealth English, but the actual gumption of one magazine saying that their shot of a box of biscuits (North America: cookies) was totally original.


Sorry to have got off topic. The claim to originality for a box of biscuits is pretty laughable. The photos don't look very similar. And we all know that KarenNfld has the rights to top down views of boxes with compartments filled with stuff :-)

Like hell she does :-) We did a shot like that for the cover of Psychology Today magazine back in 1972 or so!
10/27/2012 01:32:51 AM · #22
Haha!
10/27/2012 06:17:11 AM · #23
But is it scone as in cone or scon(e) as it gone

Anyway there biscuits, cookies are bigger
10/27/2012 10:31:55 AM · #24
Originally posted by Giles_uk:

But is it scone as in cone or scon(e) as it gone

Anyway there biscuits, cookies are bigger


Scone as in gone, always.

And yes, they are definitely biscuits. :D
10/27/2012 11:10:12 AM · #25
I an only speak for the UK, but yes there could be a case of copyright infringement here: //www.amateurphotographer.co.uk/photo-news/534352/photographers-face-copyright-threat-after-shock-ruling

Now back to the scones...
Cream teas - cream and jam on scones but jam on the cream or cream on the jam, that's the important question. ;)

And biscuits vs. cakes:
//www.youtube.com/watch?v=BPyJPuY5xYA
//www.nicecupofteaandasitdown.com/biscuits/index.php3

Kevin

Message edited by author 2012-10-27 11:11:02.
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