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Thread: To infringe copyright, just need to be similar

  1. #1
    Senior Member UncleFai's Avatar
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    Default To infringe copyright, just need to be similar

    Similar, but not copied, image found to breach copyright: Digital Photography Review

    So how many of you out there infringed my copyright with similar images of MBS? Come on... own up and I give you a discount...

  2. #2

    Default Re: To infringe copyright, just need to be similar

    Wait till SOPA comes along, every single picture of any of us can be infringing some random media company's copy right without being remotely similar to any of their pictures... All they need is to suspect us and we need to take our entire blog/portfolio site down. How's that?

    On topic: Yea, I do know about this for quite some time but hey... Who can ever avoid it...

  3. #3
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    Default Imitated Image Copyright Case

    Not sure if anyone has read this, but for the professionals this may be an issue in the future if you are doing advertiments shots.

    Similar, but not copied, image found to breach copyright: Digital Photography Review

  4. #4

    Default Re: Imitated Image Copyright Case

    The judge had judged wrongly.

    He should be ashamed of himself.

    I suspect he is Mr Bean in disguise.

    What a joke!

  5. #5
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    Default Landmark Photography judgement - Do you agree with the ruling?

    Hi,
    This is a landmark judgement for photographers around the world.

    Create a Similarly Composed Photo in the UK, Risk Copyright Infringement

    Have a look at the two images, although they are similar, they are not identical.

    Such a ruling can have adverse effect on the way you click pictures.

    Do you agree with the ruling? Whats your say on this subject?

    Although this case is very specific because there is a defenite visual treatment of B/W vs Red colour which is edited in Photoshop.
    Would the ruling be same if it was a coloured photograph? Maybe not...

    But it is interesting that such a high profile courtroom battle occurred over this picture.
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  6. #6

    Default Re: Landmark Photography judgement - Do you agree with the ruling?

    Already being discussed. No point opening a new thread for the same stuff.

    http://www.clubsnap.com/forums/photo...ml#post7693203
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  7. #7
    Moderator catchlights's Avatar
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    Default Re: Landmark Photography judgement - Do you agree with the ruling?

    Three threads merged.
    Shoot to Live, Live to Shoot
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    Moderator diver-hloc's Avatar
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    Default Re: Landmark Photography judgement - Do you agree with the ruling?

    Like dat die lor... How many people visit Angkor Wat in any given day... how many photos will look alike...

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  9. #9

    Default

    Quote Originally Posted by diver-hloc
    Like dat die lor... How many people visit Angkor Wat in any given day... how many photos will look alike...
    Like that the cityscape shot from the esplanade also gone case liao. Everyone shoot the angle at one point or another.

  10. #10
    Deregistered allenleonhart's Avatar
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    Default Re: To infringe copyright, just need to be similar

    remember boys and girls... Eiffel tower's lighting is copyrighted... dun anyhow shoot it

  11. #11
    Deregistered allenleonhart's Avatar
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    Default Re: To infringe copyright, just need to be similar

    some extra reading material, on how similarity does not really bother much...
    De minimis

    De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles").
    i believe that case of similarity has to do with also the previous case between the 2 parties. that was treated as a casual relationship. for without it, case ruling can be very different.

    this i believe was the clincher
    He also took into account the evidence that Mr Houghton was aware of Mr Fielder's image (the two had previously been to court when they had failed to reach a licensing agreement over Houghton's previous infringement of Fielder's copyright), to conclude the similarities were causally related.
    and remember, it is the processing method plus the way the objects are rearranged.
    Mr Houghton explained how the defendants' work had been produced by Sphere Design. They combined and manipulated Mr Houghton's images as well as an iStockphoto image of a Routemaster bus. The bus was resized to fit and the road marks were changed to be consistent. The stock image was used for parts of the bus. Annex 2 was the result.
    put it this way. 2 soccer photographers shot a same shot at the same angle and the same effect.


    the guy beside me was SPH's sports photographer. his shot, same angle, went onto the news. big big peekture.

    i'm waiting to be sued but i'm sure it ain't gonna come.
    Last edited by allenleonhart; 26th January 2012 at 09:58 PM.

  12. #12
    Senior Member sinned79's Avatar
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    Default Re: To infringe copyright, just need to be similar

    Quote Originally Posted by allenleonhart View Post
    remember boys and girls... Eiffel tower's lighting is copyrighted... dun anyhow shoot it
    got more info?

  13. #13

    Default Re: To infringe copyright, just need to be similar

    I think you need to understand the context... It looks like they saw the original photo, copied the design/concept, then used it for a commercial purpose. That's the real reason.

    Simply taking the same picture is NOT the issue. The issue is deliberately imitating someone else's creative work for a profit.
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  14. #14
    Deregistered allenleonhart's Avatar
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    Default Re: To infringe copyright, just need to be similar

    Quote Originally Posted by sinned79 View Post
    got more info?
    Eiffel Tower - Wikipedia, the free encyclopedia

  15. #15
    Deregistered allenleonhart's Avatar
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    Default Re: To infringe copyright, just need to be similar

    Quote Originally Posted by Rashkae View Post
    I think you need to understand the context... It looks like they saw the original photo, copied the design/concept, then used it for a commercial purpose. That's the real reason.

    Simply taking the same picture is NOT the issue. The issue is deliberately imitating someone else's creative work for a profit.
    yep. which is why i'm agreeing with the judge's decision. its not a landmark case. far from it. its pretty clearcut.

  16. #16
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    Default Re: To infringe copyright, just need to be similar

    The concern here is more for the professionals who are doing advertisment shoots.

    Does that mean that you'll have to make sure your "ideal and creation" wasn't created before by another person?

  17. #17
    Senior Member sinned79's Avatar
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    Default Re: To infringe copyright, just need to be similar

    Quote Originally Posted by Vinnievinyl View Post

    Does that mean that you'll have to make sure your "ideal and creation" wasn't created before by another person?
    this is real tough. in actual fact, there is alot of "copying" with modification. very hard to find one original idea on this globe that you are the first to think of.

  18. #18

    Default Re: To infringe copyright, just need to be similar

    Such judgement is going to limit the freedom and expression of art severely.

    In many cases throughout history, art and creativity are often inspired by past works and spinoffs to greater heights.

    Dumb judge.
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  19. #19

    Default Re: To infringe copyright, just need to be similar

    Quote Originally Posted by sjackal View Post
    Such judgement is going to limit the freedom and expression of art severely.

    In many cases throughout history, art and creativity are often inspired by past works and spinoffs to greater heights.

    Dumb judge.
    Inspiration is different from imitation.
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  20. #20

    Default Re: To infringe copyright, just need to be similar

    apparently the defendant is an old nemesis of the complainant. it seems like he purposely copies his rival to irk him or for his own financial gain.

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