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Post by tamra on Oct 3, 2009 16:44:51 GMT -5
I have recently been in an argument with another local photographer, because I did a picture of a naked baby laying on his stomach with a bow on his back, she has apparently done this same pose as well. She is claiming that I "cloned" her photo, and that I am infringing on her copyright. If this were true, that would mean that noone would be allowed to do headshots, or baby in the bathtub, or any other pose you could think of for that matter, because everything has already been done at least once. Am I in the wron here?
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Post by john101477 on Oct 3, 2009 23:31:54 GMT -5
I am a little tipsy, but I would tell the other photographer to jump off a bridge. Can't copywrite or patent a pose. Other wise you could not buy baby posers cause it would have already been done.
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OrcaBob
Lead Photographer
Frank Zappa lives
Posts: 394
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Post by OrcaBob on Oct 4, 2009 1:50:48 GMT -5
Tell that photographer she's an idiot and needs to smack herself on the head with her camera as penance. Please quote me on that.
Like John said, no one can copyright a pose. Furthermore, no one can copyright a concept.
On Model Mayhem, there have been photographers who complained that someone has redone one of his very distinctive images to a tee. Same framing. Same expression. Same hair. Same makeup. Same lighting. It's a clear ripoff. The verdict? Too bad. Can't copyright the look.
I'd put money on the likelihood that for every shot your clueless acquaintance has ever taken, we could find a similar image done before her by someone else. So maybe she should scrap her portfolio and start over?
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Post by NCPhotoTrekker on Oct 4, 2009 3:59:50 GMT -5
I'll go ahead and make this unanimous. Tell her to look through the pictures of the great landscape photographers. The well known places to capture dramatic images became well known because of them. Those same compositions have been reused over and over again. I doubt that Ansel Adams would claim to hold the copyright on El Capitan and the compositions that he made famous.
Your friend is talking out of her butt, and it causes her breath to stink!! Even if you took the pose and concept and matched it to a "T"...even with the same model...your photograph is not her photograph. Therefore you own the copyright to that image.
Don't do as John said however. If you tell her to jump off a bridge, you will likely be sued by the first person to give those instructions. Its a trademarked phrase...much like Paris Hilton's "That's Hot". ;D
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OrcaBob
Lead Photographer
Frank Zappa lives
Posts: 394
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Post by OrcaBob on Oct 4, 2009 20:07:14 GMT -5
I doubt that Ansel Adams would claim to hold the copyright on El Capitan and the compositions that he made famous. He did, but Curtis threatened a lawsuit. ;D
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Post by NCPhotoTrekker on Oct 4, 2009 20:11:02 GMT -5
Which he discussed ad nauseum in his book of artistic nudes which was sold in the kids section at the book store....for....ONE MILLION DOLLARS!!!! Mwuhahahahaha
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Post by Steve (FloppyDog) on Oct 4, 2009 21:02:30 GMT -5
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Post by tamra on Oct 5, 2009 1:10:44 GMT -5
Thank you all for your reassuring comments. This is what I thought all along, but I just wanted some trusted opinions. This woman is insane if she thinks that I am going to stop doing pictures like that, she clearly has no idea what she is talking about. ;D
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Post by Steve (FloppyDog) on Oct 5, 2009 9:58:04 GMT -5
Personally, I think somebody is just envious of your photography. If you speak with her again, reassure her that with hard work and determination she may someday photograph at your level.
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Post by tamra on Oct 5, 2009 23:10:15 GMT -5
Hahaha, well not to toot my own horn or anything, but that is kind of what I thought myself. She would crap herself if I said it though hahahaha ;D
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OrcaBob
Lead Photographer
Frank Zappa lives
Posts: 394
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Post by OrcaBob on Oct 10, 2009 1:16:39 GMT -5
Tamra, please do let us know how the next meeting goes with that woefully-informed person, okay?
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Post by MJDigitalArt on Jun 14, 2011 9:26:46 GMT -5
Some photographers will stop at nothing to run off their competition...
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