Alberto:
Have you been aware of Art Rogers v Jeffrey Vail where a Pulitzer
Prize winning photographer (then based in PT REYES , CA) sued Vail, a
sculptor for using Rogers photograph of a woman holding 6 large
puppies on a park bench.
J. Vail took every detail and compositional aspect of Rogers photo
and made 4 sculptures of Rogers photo but in a another medium.
Rogers WON the suit in principle because he was awarded only $50,000
that paid for his lawyers but vail charged $350,000 for each
sculpture and had sold one even before the suit was filed. Therefore
this did not have any validity in the case as it was pre-suit.
There are photographers who watch carefully if their work is used so
blatantly regardless of the different medium. When an image is
photographically close as was Vail's then copyright infringement is
possible. The same goes for novels, songs, etc.. . On your Browser
type in Art Rogers v. Jeffrey Vail + Pt Reyes Light Law Suit and see
if you can find the reference.
To all I question the use of intellectual property when referring to
a photograph. If a photo is reproduced on a computer screen it is
akin to a magazine reproduction which IS copyright infringement.
Intellectual Property is an issue dealing with whether someone is
able to copyright an idea, not a physically oral (music) or written
concern. This is of great concern to me. Personally I believe no
one should have the copyright on an idea; it is what one does with an
idea that should come under the category of copyright.
On Jan 14, 2007, at 12:09 PM, Alberto Tirado wrote:
Copying has always been possible to a very high degree
of detail. Eons ago, someone here was referring to
photographers looking for Adams' tripod footprints so
they could shoot the exact same photo.
What troubles me the most (probably) is painters who
copy my photographs, and yet nobody else (even
photographers) seem interested in defending this
point. Its my vision, but "its only a photo" = not
art. My vision in "their" canvas is worth thousands.
**********************
www.alberto-tirado.com
johnploy.blogspot.com
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