Re: Would you give away a print to a prospective client?

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Bob Maxey <written_by@xxxxxxx> writes:

> >>>Doesn't seem like you should have the power to control what another
> photographer does with his images, as a general thing.  (Specific
> situations like carefully recreating an image of yours, yes, I do
> believe in copyright :-)).  Any more than he has the power to control
> what you do with yours. >>>
> 
> Recreating a photographer's image has nothing to do with copyright
> laws. IT does not violate copyright law. Just bad form and a lack of
> creativity, perhaps. The law does not apply.

If it's *independent* creating, then the law doesn't apply.  But if he
deliberately creates a photo just like yours, it does.  This is
getting into a fairly obscure corner of copyright law, so I'm not
surprised you don't know it, but I wish you'd be a little less certain
with your misinformation.

There's some discussion of this issue in FEIST PUBLICATIONS,
INC. v. RURAL TELEPHONE SERVICE CO., 499 U.S. 340 (1991) (on the web
at <http://www.law.cornell.edu/copyright/cases/499_US_340.htm>).  And
I believe it's covered in _Photography and the Law_, because I think
that's where I first learned about it.
-- 
David Dyer-Bennet, <mailto:dd-b@xxxxxxxx>, <http://www.dd-b.net/dd-b/>
RKBA: <http://noguns-nomoney.com/> <http://www.dd-b.net/carry/>
Pics: <http://dd-b.lighthunters.net/> <http://www.dd-b.net/dd-b/SnapshotAlbum/>
Dragaera/Steven Brust: <http://dragaera.info/>


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