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Thread started 19 May 2020 (Tuesday) 09:08
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Copying a style of product photography. is this copyright infringement

 
Eoggy
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May 19, 2020 09:08 |  #1

Hi all,

I would like your opinion on the following:

I am currently engaged in a small project for a client. They would like me to emulate the style of product photography they have found on another companys website which sells a similar product. does this constitute as some form of copyright infringement?

my clients product is not identical to the other companies product so they are not looking to pass off their product as the other companies. my client just likes how the other company has presented their product and would like to copy the style.

I'm being vague on purpose by the way.

I know it shows a lack of originality on my clients part, but is this a form of copyright infringement?

sorry if this is a stupid question btw.

thanks.




  
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gjl711
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Post edited over 3 years ago by gjl711.
     
May 19, 2020 09:34 |  #2

I don't think so and a quick poke around the web seems to say that as well. There are a lot more out there saying the same but if you think about it, with so many photos being taken, you are bound to have copied someone somewhere even if you are not aware that you have.
https://www.thelegalar​tist.com …you-cant-copyright-style/ (external link)


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Dan ­ Marchant
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May 19, 2020 15:46 |  #3

Yes, no, maybe.

Style can't be copyrighted.... so taking a similar photo isn't infringement, except that in certain very rare situations it might be* (at least in the UK). I would ask the client to indemnify you against any loss as a result of doing what they want.

* The infamous red bus tea caddy case.


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MBR
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May 24, 2020 11:24 |  #4

Eoggy wrote in post #19065699 (external link)
I know it shows a lack of originality on my clients part, but is this a form of copyright infringement?

sorry if this is a stupid question btw.

thanks.

It's a smart question, and if we are talking about U.S. copyright law then doing so would not constitute an infringement, a lot of photographers study the work of people who are doing well in photography, and it's very common to see someone emulating another photographer.

Eventually most form their own styles which are commonly based on the styles of other photographers that the newer photograph finds to be what he/she desires.




  
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RDKirk
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Jul 17, 2020 07:58 |  #5

Dan Marchant wrote in post #19065913 (external link)
Yes, no, maybe.

Style can't be copyrighted.... so taking a similar photo isn't infringement, except that in certain very rare situations it might be* (at least in the UK). I would ask the client to indemnify you against any loss as a result of doing what they want.

* The infamous red bus tea caddy case.

Respectfully, Dan, because I do, indeed, respect your opinion, I don't think the red bus case would be applicable to merely copying a photography style.

Justice Birss gave judgement in favour of Mr Fielder: he found that Mr Houghton copied a substantial part of Mr Fielder’s picture and thus infringed his copyright. The judge held that there were obvious similarities between the two images – such as the same buildings in black and white with a bright red bus driving from right to left and the blank white sky – and that these similarities were due to the fact that Mr Houghton saw Mr Fielder’s work before creating his own image, had copied it, and had copied too much of it.


https://www.copyrightu​ser.org …on/episode-1-case-file-1/ (external link)

Mentioned again and again is the fact that the infringement involved the second photograph containing the same specific elements of the original, such as the buildings of Parliament (at the same viewing angle) and the bus itself. If the similarity were no more than that both images used selective color, the case would not have gone to court.

With regard to copying style...Annie Liebovitz has been copying Irving Penn for years.


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Dan ­ Marchant
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Post edited over 3 years ago by Dan Marchant.
     
Jul 17, 2020 23:09 |  #6

RDKirk wrote in post #19094582 (external link)
Respectfully, Dan, because I do, indeed, respect your opinion, I don't think the red bus case would be applicable to merely copying a photography style.

Sorry, I wasn't clear in my post. I'm British and the words we say aren't actually what we mean ... the meaning is all implied. So all of my previous post was actually meaningless except for (in true British understatement) "it might be".

What I actually meant by those three small words was..... Yes, it wasn't infringement because of the style being copied. But it also wasn't infringement because they included the same elements. The actual reason it was judged to be infringement was intent/existing relationship.

The company had previously infringed the photographers copyright and been sued. They had agreed to pay a license fee to use his image... but then hired someone else to take a similar image in order to avoid having to pay the license. The judge reviewing the case decided that the pre-existing relationship and the intent to deprive the photographer of the fee for their image amounted to an infringement.

So, it is OK to photograph a red bus, going across Westminster Bridge with the Houses of Parliament behind them... and to process it spot colour... provided you aren't doing to in order to avoid a previously agreed license fee.


Dan Marchant
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Copying a style of product photography. is this copyright infringement
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