Re: Rear curtain synch question

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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,

Does copyright then imply that it is the exact same image? How exact is exact?
I guess the hands and rings wedding shot is not copyrightable either? Hmmm ...
food for thought. I still think that "appropriations" is squirrely. ;)

andy
 




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