Is this a case of plagiarism?

[DeLighting]

but then again being 'inspired' does not mean recreating several similar elements of the original image

1. black/white paint on the hand
2. similar posture
3. merry go round on the head
4. red/white background

being inspired is one thing. you make make something different out of the original image and call it yours.

but for this incident i call it blatantly copy another's idea.

and i spoke to the original photographer. he isn't at all pleased that someone (we are talking about a local professional photographer) copied his idea without at least informing him.

Unfortunately, copyright law does not protect an idea.

The world of art will be very restrictive if the original creator can prevent the world from producing another picture with a white face female model wearing a merry-go-round hat, standing in front of a red dart board.

Caveat:- I don't condone excessive copying of idea but this is a sad reality.

 

[pfurr]

well chances are that his picture was taken as a reference by local design houses and our local photographer is asked to produce 'something along that line'.
it's pretty much the local industry standard.

honestly i would feel bad if my concept was taken and replicated like that but.. what to do?

actually, now that you mentioned it, i remember a model's comment on the way asian photographers take photos.

'Furthermore, in Asia, the photographer usually shows the model a "reference" picture- something he's ripped out of Italian Vogue or the like- then asks her to copy the pose.' - Elyse Sewell, season 1, antm.

quite common, i suppose.