Similar but different photo violates copyright

[Angelo]

My consideration for agreeing with this judgement is the similarities of the concept of the photo, i.e., B&W Image/scene with Red Bus. This image will be used as an advertisement for a product or service. If someone did the Nike logo, say upside down and with the same color scheme, I bet Nike would be all over the ad agency that infringed on their proprietary trademark.

[rab3rd]

Originally Posted by Flores

No, it's two different guys (blokes?) . The judge based his decision on the fact that the creator of the 2nd picture created his image with the intention that it be just different enough not to violate the copyright on the 1st image.

Since they did not just go out and snap the picture themselves, the judge felt the image was not a 'photographic work', (created by the act of pointing and clicking), and not subject to it's own individual protection. so, since image 1 WAS a photograph, and protected vs image 2, which was not AND the guys trying to make the new image brought a ton of other similar images to court to show theirs was 'just another image' (all of which were photographs, not composites), the judge felt that the guys who created the 2nd image had gone far out of their way to rip the image off, when all they had to do was go take their own picture.

thats what I get fro skiming... thanks for the condensed version

[Buddha]

Stargazer has it correct. In this country at least, the right to create your own work is unrestricted even if it is the same 'image' that someone else has done. The right to copy any original image is restricted for others because they are then using the property, physical or intellectual, of someone else who may or may not allow someone to copy it. E.g., selling a print of yours does not give the customer the right to have that print reproduced. That's why labs will sometimes require a copyright release before they will reproduce the image. That's the short version.

[Howard Barlow]

There is a good article in this month's Rangefinder on such issues. You may be able to find it online, not sure, though.

[picman]

Originally Posted by Howard Barlow

There is a good article in this month's Rangefinder on such issues. You may be able to find it online, not sure, though.

Part 1 is here:
Rangefinder - I

Part 2 http://www.rangefinderonline.com/fea...Off-6062.shtml

[rhoffart]

This is so stupid it's funny ... Do a google image search on "selective color yellow cab"

I have one of these from my trip to NY 10 years ago ... can I sue all these people?

[Stargazer77517]

Wasnt their something simular here in the US over the Mcdonalds Arches?
Arch rivals: McDonald's sues Beijing restaurant over logo

[ptrd]

I'm sure then someone could sue all instagram users!