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Thread started 01 Mar 2018 (Thursday) 13:10
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Do I have any rights?

 
booju
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Post edited 5 months ago by booju.
     
Mar 01, 2018 13:10 |  #1

I took a photo of a famous landmark and I blended it with another photo of an American bald eagle. Now, it has come to my attention someone re-created that same image into an illustration-type photo with just slight modifications...though it's very slightly different from my design concept...it is still based upon my initial photo and blend.

Just curious...Do I have any legal rights to ask this person from selling his prints since they were based off of my image, though it was altered a bit in his design?

Basically, it's a re-creation of my work with slight alterations.

I told my wife I don't...but I honestly don't know for certain.

Thanks!


https://photography-on-the.net …57557&highlight​=canon+G12

  
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RDKirk
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Mar 01, 2018 13:29 |  #2

booju wrote in post #18575226 (external link)
I took a photo of a famous landmark and I blended it with another photo of an American bald eagle. Now, it has come to my attention someone re-created that same image into an illustration-type photo with just slight modifications...though it's very slightly different from my design concept...it is still based upon my initial photo and blend.

Just curious...Do I have any legal rights to ask this person from selling his prints since they were based off of my image, though it was altered a bit in his design?

Basically, it's a re-creation of my work with slight alterations.

I told my wife I don't...but I honestly don't know for certain.

Thanks!

Is there really some reason it would be unlikely for anyone else to think of putting a bald eagle on that famous landmark? I mean, it's very conceivable that someone else would conceive (or would have conceived) of putting an American bald eagle on practically any landmark that is readily recognized as an explicitly American landmark, such as the Washington Monument.

Has your image been published and likely to have been seen by other person?

Unless the images are so close to identical that it appears the other person actually used your image, the concept itself may not be so unique to conclude that the other person had seen your image and has copied your idea.




  
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booju
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Mar 01, 2018 13:44 as a reply to  @ RDKirk's post |  #3

I get what you're saying and have made very valid points!

Yes, my image has been seen by many.

I can take the person's image and overlay it on mine and it is very similar in all regards, but done in a different editing style...illustration/p​ainterly-type style
with just a few minor alterations...such as skewing to enlarge and resize certain traits of the eagle(?)...altering it so the size and shape is altered a wee bit?


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DaviSto
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Mar 01, 2018 13:46 |  #4

booju wrote in post #18575260 (external link)
I get what you're saying and have made very valid points!

Yes, my image has been seen by many.

I can take the person's image and overlay it on mine and it is very similar in all regards, but done in a different editing style...illustration/p​ainterly-type style
with just a few minor alterations...such as skewing to enlarge and resize certain traits of the eagle(?)...altering it so the size and shape is altered a wee bit?

Are you suffering a significant financial loss as a result of the existence of this similar image?


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booju
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Mar 01, 2018 14:39 as a reply to  @ DaviSto's post |  #5

no sir...I am not.
But curious as to my rights if any...should I decide later to pursue this because of economical reasons
and copyright?

This person is selling the product in print form.


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gjl711
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Mar 01, 2018 14:47 |  #6

You can try but if it falls into the derivative or transformative category, it's going to be tough. Best to consult a copyright lawyer if you want to see if you have a case. We here would just be guessing especially without seeing both works.


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nrowensby
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Mar 01, 2018 15:05 |  #7

Was the photo of the bald eagle yours as well?


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RDKirk
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Post edited 5 months ago by RDKirk.
     
Mar 01, 2018 15:58 |  #8

Now, then, have you registered the copyright on copyright.gov?

If your work is registered within 3 months of an infringement, your financial damage won't matter much--statutory penalties are assessed for the infringement of registered work...that is, if it's determined this is an actual infringement.

My fear is that unless it's clear the person actually used your very image, merely having copied the concept won't be considered an infringement.




  
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davesrose
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Post edited 5 months ago by davesrose. (2 edits in all)
     
Mar 01, 2018 21:21 |  #9

Have you made money off your original image, and as RDKirk asks, have you copyrighted your image? If you had your image filed for copyright, you might be able to seek legal action. But before, doing that, you have to ask yourself if it's worth pursuing financially: if your image can make you revenue and you're clearly losing revenue from the other person. RDKirk also brings up another point in that having a composite of a bald eagle on a landmark can be considered an easily conceived theme (and that the other artist might have thought of it also). If you try pursuing infringement to court, then you have to clearly show that it's a derivative work. Sometimes infringers just reflect an image the other way, or take your image and add something else. If this work is in a different style, and different composition, then it would be hard to show how they derived their work from yours. I have known artists that have had to spend a lot of time and money (years and thousands of dollars) taking print firms to court for directly copying their work. You need to weigh your options.

I have known animation firms decide not to do anything with an infringer since their original animation had made them a lot, and it was clear the derivative work (which had the exact same composition and animation but not rendered as well) was not making the infringer much to seek damages. If you just wanted an infringer to cease publishing their work, and you were sure they did copy from you, a common suggestion is to write them a letter with copy of your work and evidence of their work being derivative. Then kindly ask them to cease publication of their work.


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bigVinnie
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Mar 02, 2018 12:33 |  #10

Read this Wiki article. A very good example of derivative works. If the photo of the eagle was not yours you may be in trouble. Someone else making something similar to your art with their own images not so much.

https://en.wikipedia.o​rg …k_Obama_%22Hope​%22_poster (external link)


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Bassat
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Mar 02, 2018 16:18 |  #11

'Similar' does not mean you were first. There is a chance that yours is 'similar' to hers, and hers was done first.


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Tom ­ Reichner
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Post edited 5 months ago by Tom Reichner.
     
Mar 04, 2018 15:54 |  #12

booju wrote in post #18575226 (external link)
I took a photo of a famous landmark and I blended it with another photo of an American bald eagle. Now, it has come to my attention someone re-created that same image into an illustration-type photo with just slight modifications...though it's very slightly different from my design concept...it is still based upon my initial photo and blend.

Basically, it's a re-creation of my work with slight alterations.

.

Bassat wrote in post #18576107 (external link)
There is a chance that yours is 'similar' to hers, and hers was done first.

.
Bassat brings up a very good point. . What makes you think that you did your image first?

Had you even considered the possibility that this other photographer did it before you ever did yours? . In which case yours is then the re-creation.

Some of my best and most marketable images, I 'sit on' them for years, and it is often a very long time before I ever bother to market them. . Perhaps this other photographer is just as lackadaisical and procrastinating as I am and created his composite years ago, and just now started to offer prints


.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
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booju
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Mar 04, 2018 16:50 |  #13

davesrose wrote in post #18575600 (external link)
Have you made money off your original image, and as RDKirk asks, have you copyrighted your image? If you had your image filed for copyright, you might be able to seek legal action. But before, doing that, you have to ask yourself if it's worth pursuing financially: if your image can make you revenue and you're clearly losing revenue from the other person. RDKirk also brings up another point in that having a composite of a bald eagle on a landmark can be considered an easily conceived theme (and that the other artist might have thought of it also). If you try pursuing infringement to court, then you have to clearly show that it's a derivative work. Sometimes infringers just reflect an image the other way, or take your image and add something else. If this work is in a different style, and different composition, then it would be hard to show how they derived their work from yours. I have known artists that have had to spend a lot of time and money (years and thousands of dollars) taking print firms to court for directly copying their work. You need to weigh your options.

I have known animation firms decide not to do anything with an infringer since their original animation had made them a lot, and it was clear the derivative work (which had the exact same composition and animation but not rendered as well) was not making the infringer much to seek damages. If you just wanted an infringer to cease publishing their work, and you were sure they did copy from you, a common suggestion is to write them a letter with copy of your work and evidence of their work being derivative. Then kindly ask them to cease publication of their work.



Thank you very much Dave for providing the details to my question...Much appreciated and very helpful!!! ;-)a


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kjonnnn
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Post edited 5 months ago by kjonnnn. (2 edits in all)
     
Mar 05, 2018 12:41 |  #14

"Is the recreation of a photograph copyright infringement?"

http://clancco.com …ial-similarity-copyright/ (external link)

https://www.pixsy.com …-copyright-law-really-is/ (external link)

https://petapixel.com …y-issue-derivative-works/ (external link)




  
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