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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 23 Dec 2013 (Monday) 22:03
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So I cannot do anything about this plagiarism case?

 
Landcruiser
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Jan 06, 2014 13:59 |  #31

We should all sue each other over "intent". That's the answer. Oh, and by the way, how many of those Yosemtie calendars do you need for this year?

http://www.calendars.c​om …N6w1duq6rsCFWRk​7AodYi8AUw (external link)




  
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Phil ­ V
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Jan 06, 2014 16:10 |  #32

Landcruiser wrote in post #16582698 (external link)
We should all sue each other over "intent". That's the answer. Oh, and by the way, how many of those Yosemtie calendars do you need for this year?

http://www.calendars.c​om …N6w1duq6rsCFWRk​7AodYi8AUw (external link)

So I show you a link to a legal precedent and you take the piss and link to completely irrelevant calendars (I'd have expected someone on a photography forum to understand what an Ansel Adams photo of Yosemite looked like ;))

Are you 15?


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Dan ­ Marchant
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Jan 06, 2014 17:55 |  #33

Landcruiser wrote in post #16582698 (external link)
We should all sue each other over "intent". That's the answer.

That would be pretty stupid - you have to convince the judge that there was actual intent. If you bothered to read up on the case Phil linked to you would see he is correct (and that it is the same situation that the OP is in).


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Jan 07, 2014 10:16 |  #34

I've got an idea that nobody here is going to like but here goes.....

Get over it

You can go and spout off legal precedents that are viable in the UK all day long but the bottom line is Pakistan is not the UK. Also, I might be mistaken but the OP is located in Singapore so even US laws that people are stating won't apply either.


To the OP:
How much time have you lost worrying about something that in the big picture is a non issue that the only way to get resolved would be to spend massive amounts of money on lawyers that in the end probably wont do one bit of good. All that time you wasted could have gone to creating more images that you could potentially sell to other clients.

To everyone else saying that this kind of behavior is ruining the business:

Really? Someone sees an image and thinks "I like that, I think Im going to try that" is ruining photography? I bet the majority of the people on here have seen an image before and tried doing something similar. Now you could say that the two photos the OP posted were practically identical (which I wont argue) but who cares?

You want to know how to solve this problem? Be the one shooting the images that are higher quality, more stunning, more emotionally charged, than everyone else so clients want to buy your images because they know they wont get that quality anywhere else.


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Landcruiser
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Jan 07, 2014 10:34 |  #35

Phil V wrote in post #16583033 (external link)
So I show you a link to a legal precedent and you take the piss and link to completely irrelevant calendars (I'd have expected someone on a photography forum to understand what an Ansel Adams photo of Yosemite looked like ;))

Are you 15?

You showed me a completely irrelevant link to a legal precedent that will never have any impact on anything I will ever do in my life. I live in Texas.

Are you 12?




  
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Phil ­ V
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Jan 07, 2014 11:16 |  #36

Landcruiser wrote in post #16585299 (external link)
You showed me a completely irrelevant link to a legal precedent that will never have any impact on anything I will ever do in my life. I live in Texas.

Are you 12?

There you go. It might not have any relevance to your life, but it's highly relevant to the OP's question. I thought that was the point of the thread :confused:.

So if I'm completely wrong, where does it's relevance to you come into play:rolleyes:?


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northpointphoto
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Jan 07, 2014 11:32 |  #37

Phil V wrote in post #16585408 (external link)
There you go. It might not have any relevance to your life, but it's highly relevant to the OP's question. I thought that was the point of the thread :confused:.

So if I'm completely wrong, where does it's relevance to you come into play:rolleyes:?

It would be highly relevant if the OP lived in the UK but the OP has his location listed as Singapore. So unless you have links to legal precedents relating to copyright law in Singapore or Pakistan pretty much everything is irrelevant and just an interesting read.


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Phil ­ V
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Jan 07, 2014 16:20 |  #38

northpointphoto wrote in post #16585440 (external link)
It would be highly relevant if the OP lived in the UK but the OP has his location listed as Singapore. So unless you have links to legal precedents relating to copyright law in Singapore or Pakistan pretty much everything is irrelevant and just an interesting read.

We'll if only Singapore had a similar legal system to the UK;)

Maybe as it was part of the UK until 1963 and it's not like copyright law is close to international or anything like that, oh wait, yeah the Berne convention, I appreciate that you backwards Yank folks haven't really grasped that one properly. So maybe there is some relevance to the court case.

However, you're right to agree with me that the OP has virtually no chance of getting anything from someone in Pakistan. So we do agree about one thing, it seems stupid I should have to point that put as you obviously realised.


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northpointphoto
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Jan 07, 2014 20:27 |  #39

Phil V wrote in post #16586247 (external link)
We'll if only Singapore had a similar legal system to the UK;)

Maybe as it was part of the UK until 1963 and it's not like copyright law is close to international or anything like that, oh wait, yeah the Berne convention, I appreciate that you backwards Yank folks haven't really grasped that one properly. So maybe there is some relevance to the court case.

However, you're right to agree with me that the OP has virtually no chance of getting anything from someone in Pakistan. So we do agree about one thing, it seems stupid I should have to point that put as you obviously realised.

I happen to be familiar with the Berne Convention (I've had work published internationally) but Im unfamiliar with the article(s) regarding ideas, concepts, recreations, or anything of the sort. (Heres the full text if you would like to reference http://www.wipo.int …/berne/trtdocs_​wo001.html (external link))


And since you wanted to quote legal precedences, this is from the "Intellectual Property Office of Singapore"
http://www.ipos.gov.sg …erty/Whatiscopy​right.aspx (external link)

What is protected by copyright?

Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not protected.

The following may be protected under copyright law:

Literary works (e.g., written works, source codes of computer programs)
Dramatic works (e.g.,. scripts for films and dramas)
Musical works (e.g., melodies)
Artistic works (e.g., paintings, photographs)
Published editions of the above works
Sound recordings
Films
Television and radio broadcasts
Cable programmes
Performances
What is not protected by copyright?

Subject matter not protected by copyright include:

Ideas or concepts
Discoveries
Procedures
Methods
Works or other subject matter that have not be made in a tangible form in a recording or writing
Subject matter that is not of original authorship


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Phil ­ V
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Jan 08, 2014 00:19 |  #40

northpointphoto wrote in post #16586841 (external link)
I happen to be familiar with the Berne Convention (I've had work published internationally) but Im unfamiliar with the article(s) regarding ideas, concepts, recreations, or anything of the sort. (Heres the full text if you would like to reference http://www.wipo.int …/berne/trtdocs_​wo001.html (external link))


And since you wanted to quote legal precedences, this is from the "Intellectual Property Office of Singapore"
http://www.ipos.gov.sg …erty/Whatiscopy​right.aspx (external link)

I'm not even bothering to look, but I'll bet the IPO guide from Singapore is almost identical to the UK one. So back to the court case, it had very little to do with the copying of the idea, and everything to do with the fact that the point of the image was to simply deprive the original photographer of payment.


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Jan 08, 2014 11:17 |  #41

northpointphoto wrote in post #16585269 (external link)
To everyone else saying that this kind of behavior is ruining the business:

Really? Someone sees an image and thinks "I like that, I think Im going to try that" is ruining photography? I bet the majority of the people on here have seen an image before and tried doing something similar. Now you could say that the two photos the OP posted were practically identical (which I wont argue) but who cares?

On another tangent, I've had a few brides email me a bunch of images they found on Pinterest and wanted me to reproduce those images for their own weddings. This has always left me feeling a little annoyed:

a) those images belong to other photographers
b) the idea of replicating someone else's work isn't even that feasible (the post from the OP being an exception)-- all the Pinterest images brides email me are shot in completely different venues, different dresses, different seasons, different sized people, etc.

Whenever this has happened I always reply that the images they receive from me will be similar to what they saw when they hired me, and that copying images really isn't ideal (listing the reasons above).


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Jan 08, 2014 13:33 |  #42

So if I go up to Yosemite and take a black and white photo of Half Dome from Galcier Point I'm guilty of infringement? Oh boy! How many of us are guilty of this? :roll: Oh, and remind me not to take a photo of anyone sitting on the beach looking out towards the water. I don't want to get caught up in this S#%@. I guess my soon-to-arive 5DII will have to stay in the box until I come up with a completely original idea not inspired by any photo I've ever seen and a location that has never been photographed before. Is there an archive of every photo every taken somewhere in a super secure basement/bunker that I can bounce my photographic ideas off of?

I'd have to agree with Russell (northpointphoto) above....just get over it. It will undoubably cost you too much to try and prove any intent. That's even if "intent" works in Pakistan's legal system as it does to us here in the U.S. or over in the U.K.


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memoriesoftomorrow
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Jan 08, 2014 17:40 |  #43

PhotoMatte wrote in post #16588208 (external link)
On another tangent, I've had a few brides email me a bunch of images they found on Pinterest and wanted me to reproduce those images for their own weddings. This has always left me feeling a little annoyed:

a) those images belong to other photographers
b) the idea of replicating someone else's work isn't even that feasible (the post from the OP being an exception)-- all the Pinterest images brides email me are shot in completely different venues, different dresses, different seasons, different sized people, etc.

Whenever this has happened I always reply that the images they receive from me will be similar to what they saw when they hired me, and that copying images really isn't ideal (listing the reasons above).

I had a bride who after hiring me contacted me to ask if I would copy another photographer's style/processing. I said no and I suggested they find someone else. They did. So I updated the FAQ on my website afterwards

"WE'VE SEEN ANOTHER PHOTOGRAPHER'S STYLE WE LIKE, WILL YOU COPY IT?

I have one style and that is my own. If you want another photographer's work you really ought to hire them."

My about page includes this too

"When you hire me to shoot your wedding you get the whole package that is "me". What you are not hiring is someone who will copy someone else's style nor mimic other photographer's photographs or processing."

I'd sooner not have those types of brides as clients as Pinterest Brides often have the most unrealistic expectations.


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