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05/09/2004 08:14:32 PM · #1 |
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05/09/2004 08:18:02 PM · #2 |
It's a take off of Konador's shot.
Deannda
They say imitation is the best kind of flattery
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05/09/2004 08:21:54 PM · #3 |
wow. that's impressive imitation. i'd be a little miffed, i guess. can you copyrite an idear?
either way, i like konador's better.
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05/09/2004 08:24:52 PM · #4 |
Originally posted by daisy77:
wow. that's impressive imitation. i'd be a little miffed, i guess. can you copyrite an idear?
either way, i like konador's better. |
My thoughts exactly!
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05/09/2004 08:25:01 PM · #5 |
| I like konador's better as well |
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05/09/2004 08:26:04 PM · #6 |
Originally posted by TLL061:
I like konador's better as well |
me too |
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05/09/2004 08:34:55 PM · #7 |
You can't copyright an idea; you can patent an idea.
I am not a lawyer, but I believe copyright only covers the precise expression of an idea in whatever media/medium.
Before anyone jumps on this guy, or sends him any "nastygram"'s (if anyone was planning to), you should realize that's its possible that this was done before Ben's, or that Ben's idea wasn't original.
I am not saying that it was or wasn't, I am saying that just because you saw it here first, doesn't mean it was done here first.
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05/09/2004 08:39:56 PM · #8 |
Originally posted by nshapiro:
You can't copyright an idea; you can patent an idea.
I am not a lawyer, but I believe copyright only covers the precise expression of an idea in whatever media/medium.
Before anyone jumps on this guy, or sends him any "nastygram"'s (if anyone was planning to), you should realize that's its possible that this was done before Ben's, or that Ben's idea wasn't original.
I am not saying that it was or wasn't, I am saying that just because you saw it here first, doesn't mean it was done here first. |
Ben said in the comments taht his idea was partly inspired from other peoples works anyway (and had a link to an image).
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05/09/2004 08:41:41 PM · #9 |
| I believe he said he got the idea for his from a different photo, so he's actually not the originator anyway. Regardless, both photos are very nice! |
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05/09/2004 08:45:19 PM · #10 |
the website is owned by dpc registered user audioaltima
edit: changed member to reg user
Message edited by author 2004-05-09 20:46:28.
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05/09/2004 09:17:22 PM · #11 |
It's been done a lot of times before, I've seen it in at least a couple of books too
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05/09/2004 09:28:56 PM · #12 |
| I like Konodors picture but I think I like the other one better. |
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05/09/2004 09:48:37 PM · #13 |
Originally posted by nshapiro:
You can't copyright an idea; you can patent an idea. |
... and that only for a limited time (in the US, typically 17 years). And generally only ideas which find expression in a physical mechanism, although the working model itself is not required, can be patented; generally methods and such cannot be patented. |
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05/09/2004 09:51:21 PM · #14 |
Originally posted by Gordon:
It's been done a lot of times before, I've seen it in at least a couple of books too |
texttext
Likewise, I've seen this type photo around for at least 10 years, it may even date back to the '60s. I'll see if I can find an older version.
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05/09/2004 11:03:10 PM · #15 |
| I wonder why audioaltima hasn't entered any challenges? |
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05/10/2004 02:08:28 AM · #16 |
Hehe, well, I'd never seen this version of the photo before when I did mine. I'd only ever seen a version done with reading glasses on a book. This one has exactly the same composition and everything as mine, so I can only guess it's a coincidence or I inspired him. Either way thats pretty cool really :)
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05/11/2004 01:51:45 AM · #17 |
| So which one's selling more prints? :p |
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05/11/2004 03:04:14 AM · #18 |
I've sold 3 of this photo.
In case anyone is interested, I've written a How'd They Do That for it. //www.dpchallenge.com/how.php?HOW_ID=36
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05/11/2004 03:07:48 AM · #19 |
| just a thought....but i would guess the "how'd they do that" would have inspired more than one person to try such a set up. |
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05/11/2004 03:19:20 AM · #20 |
Originally posted by nshapiro:
You can't copyright an idea; you can patent an idea. |
You can't patent ideas either, you can only patent technical implementations of them. It's why there are so many rip-offs. Ideas can best be protected under copyright laws now.
Images are well protected by copyright. |
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05/11/2004 03:28:16 AM · #21 |
Originally posted by betheliza:
just a thought....but i would guess the "how'd they do that" would have inspired more than one person to try such a set up. |
Yep, and that's why I wrote it, because I don't mind if other people do their own version of the shot. Photography is all about learning for a lot of people (including me). I only wrote it at the weekend though so this person's shot done in January was all his own technique :)
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05/11/2004 10:39:15 AM · #22 |
Originally posted by Imagineer:
Images are well protected by copyright. |
Let me start off by first saying: I am not a lawyer.
I did a search on the 'net and found out that ideas and concepts can not be copyrighted. So in the case of the original "lens-filter-makes-a-heart" photographer, my understanding would be that the photographer can copyright his particular embodient of that idea (i.e., the exact photo he created) to prevent someone from buying a print of it and then making copies of it, selling it as stock, using the exact photo on a postcard, etc.
But the photographer can't copyright the idea. So I could re-create the photo and then sell it as stock, use it on a postcard, etc. From BitLaw, quoting the United States Copyright Act:
In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
So to me, the above interpretation would make it seem that if somebody was "inspired" by a photograph and re-created the photo, they would not be violating copyright as long as they created it themself, even if the end result was very similar.
But I guess it is not as clear cut as it seems. Reading through this (old) listserv message, it seems to imply that there is some copyright liability for creating a similar work. (The first quoted message talks about copyright infringement cases stemming from wanting to avoid the licensing costs of a stock photography image by hiring a photographer to create a similar image.)
But then again, this is a very interesting article (PDF File) called "A Case of Variations on a Theme: Cardinal Paintings and Copyright Laws Clash in Court" about the Franklin Mint Corp. vs. National Wildlife Art Exchange.
Or, quoting Dymow v. Bolton, 11 F.2d 690, 691 (2d Cir. 1926):
Just as a patent affords protection only to the means of reducing an inventive idea to practice, so the copyright law protects the means of expressing an idea; and it is as near the whole truth as generalization can usually reach that, if the same idea can be expressed in a plurality of totally different manners, a plurality of copyrights may result, and no infringement will exist. (emphasis mine)
Finally, this page is especially apropos, since it deals specifically with photos: Can You Prevent Others From Taking The Same Photos That You Have Already Circulated And Published?
Message edited by author 2004-05-11 10:48:05. |
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05/11/2004 12:47:36 PM · #23 |
Hmmmmmm... nobody ever seems to copy any of my images. :)
Konador... Plagiarism is the highest form of praise. Be pleased your images are thought so highly!
Message edited by author 2004-05-11 12:51:10.
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05/11/2004 12:57:16 PM · #24 |
Heres one from October of 2002... //www.photosig.com/go/photos/view?id=369661
and there are plenty more. I forget but this type images was actually shot by a very famous photographer many, many years ago. If I can find the link I will post it here...
Dave
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05/11/2004 01:16:04 PM · #25 |
The person is a DPCer: audioaltima.
Edit: Whoops, someone already said that!
Message edited by author 2004-05-11 13:16:37. |
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