So, what I needed to do was to shoot using my camera with the studio lights, since I was helping him naturally I was ok to do that. But, he was stopping everybody else using their PnS from shooting... he said it is his backdrop and they should not be allowed to do that.
This thread reminded me of that incident.. at that time I didn't care, but could he be stretching it just too far?
If it's not in T&C then it's a very rude and unprofessional attitude. Words go around and reputation is one major pillar of business.
Just had something similar at company's D&D: the hired guy had setup a muslin and studio light. Be he didn't mind at all that a lot of people came taking pictures with own camera using the backdrop (just not connected to the studio lights). Really nice chap and we had a good conversation.
these things are like cooking, and a chef who makes the best salt fish can neither stop others from using salt, using fish, or making salt fish. he can however come up with a unique name for his dish, patents it and stop you from copying that title. he can also stop you from entering his kitchen.
most of the time, it is not photographic components that you cannot copy as they are mostly generic components that all photographers can use. it is rather a commerical concept that one would restrict others from using, e.g. cover of a CD album. If the overall feeling is that the first is unique, and the 2nd is too similar within reasonable perception, then it may be seen as an infringement. but like vince say, it is not easy to judge, and probably goes by a case by case basis.
I think some things just cannot be patented. How can a pose be patented? It it can be, then I would patent my walking, etc.
I remember many years ago F&N sued another softdrink company for using the word Sarsi. The suit was thrown out because the judge felt that Sarsi, which is also a type of plant, is a generic name and not a brand name.
Hence, I think copying poses should be alright.
PS: I know nuts about law
PS2: I took the photo of the avatar myself. Wait, is there an infringement here?
Actually, there are more things that cannot be patented than things that can You can read up at the IPOS site for some basic information on what things can be patented.
Using of the word Sarsi falls under passing off or trade mark rights. A lot of laymen confuse the difference between the various types of IP, namely copyright, patents, trade marks, confidential information, passing off etc etc.