The Same Photo, but not really

[NeverFollow]

Ok I have a question for all the pros. Say your at yosemite at a vista. You take a photo in the same spot as a previous photographer did. minutes after he did. So its pretty much the same picture. How to you avoid copyright problems?

[RockSlut]

I'm not a lawyer, therefore this does not constitute legal advice, but...

Firstly, given that its a national park I'd check whether there are some strange rules regarding who owns the copyright of the images (for example there are some strange rules about the Sydney Harbour foreshore in Australia).

Other than that, I can't see that there are any copyright implications. Your photo is going to be unique anyway and if you have captured the image(ie pressed the shutter) then unless you are employed by someone to take that photo then you own copyright.

The intellectual property is the image produced, not the scene captured or the settings used.

[PhotosGuy]

It's probably "pretty much the same" view that 1,000 other people have already taken. I wouldn't worry about it. Just make sure that yours is the best! ;)

[Alpieagle]

You have your own original file, he has his. No problem at all.

[neil_r]

Check out this thread at least 3 pictures taken from exactly the same spot in Yosemite. (mine was posted first so I an suing the others ;) )

http://photography-on-the.net/forum/showthread.php?t=107535&page=2&highlight=best+landscape

N