Andy,
The only case I am can think of is the empty wheel
chair case. I believe (although I not sure) it was for an article on FDR.
There was a picture of an empty wheel chair on a porch in a certain lighting
condition. The buyer wanted the picture but thought the photographer was asking
too much money. So another photographer was assigned to shoot the
picture.
The art director gave direction during the shoot and the final shot picked
looked like the picture that was too expensive. The first photographer sued and
won a copyright infringement case.
There are at least two classes of copyright
infringement. Most are type one where the actual picture is reproduced or a
photographer claims he took the picture when someone else did. (and I guess with
the advent of Photoshop a picture is used in a composite etc)
The other class is where the scene or picture is
set up in the real world and photographed to duplicate the already existing
photograph. Here generalized words can not completely qualify whether or not the
picture is a copyright violation or not. The final say is left up to a judge.
Copying an idea is ok but copying an actual photograph would depend on how
similar the two pictures are in idea presentation, style and techniques
applied.
My guess is how close someone copied your " the
hands and rings wedding shot" would determine if it was a copyright violation or
not.
Also how novel a picture is a criteria. I live in a
college town and i bet there are hundreds of pictures of The Old Well In
Spring that look the same taken by students, photographers and tourists
over the years.
Roy
In a message dated 9/8/2008 6:23:21 P.M. Eastern Daylight Time,
andpph@xxxxxxx writes:
Roy, Psssst...Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com. |