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Here's a fun copyright problem

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Andy Johnstone is off-line
21 January 2012 12:17
photomane9
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[ merged threads moved ]

Here are two images:


Do you think the one on the right infringes the copyright of the one on the left?

Surprisingly (to my mind) it does. The Patents County Court so decided in a recent case between a photgrapher who produces images for use on souvenirs of London, (the image on the left) and a company that produces tea in tins which is also aimed at the tourist market. His Honour Judge Birss took into account that the photographer of the second image (which is actually a composite made up from several different images) knew of the existence of the other image and in fact copied a substantial part of the elements which go to make up the first image in the way the composite was arranged, even though he actually  set out to create an image which differed from the original.

What amused me was the Judge's distinctly un-judicial comment "Photoshop is a bog standard bit of software that anyone can use"


nikonuser is off-lineSilver Member
21 January 2012 12:56
nikonuser
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Rugby & Middlesbrough...I Commute!

Judges, what do they know?

someone steals a car, drives recklessly around the town centre at rush ignoring road rules and putting others at risk, wilfully damages queens property, get chased by 5 police cars and the helicopter, does untold damage, gets caught and gets........100hrs community service.

with regards to the above, 2 seperate images along the same scene, breach of copyright....no, individual adaptation of an idea, yes

agree with the judges comments on photoshop, but of course there are different levels of experience in use.
I do this for a hobby ~ i shoot for fun ~ i just enjoy photography! Happy to work with begginers & newbies, lets have a laugh and see what we can create.


Paul thomas Ford is off-lineSilver Member
21 January 2012 13:27
paulford
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Doncaster

In my opinion no way, the only consideration is that it is or at least looks like a routemaster bus and I don't think they are used anymore, So a routemaster bus travelling over that particular bridge may be implyed to be copied. just a thought you have posted a picture of said bus/bridge so that my be seen as breach of copyright.


Robert Hardy is off-line
21 January 2012 13:31
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Quote from paulford
In my opinion no way, the only consideration is that it is or at least looks like a routemaster bus and I don't think they are used anymore, So a routemaster bus travelling over that particular bridge may be implyed to be copied. just a thought you have posted a picture of said bus/bridge so that my be seen as breach of copyright.



Makes a change from implyed nude - Implyed copyright lol
Rob.


Neil Anderson is off-line
21 January 2012 13:32
stolenfaces
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stolenfaces
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London
West London

If they were both on boxes of tea or biscuits you could easily assume they were made by the same company, and therefore the second image is a deception.

The second image does look like a cheap copy of the first, but it's all about context.
Like any dealer he was watching for the card that is so high and wild he'll never need to deal another...


Paul Hodson is off-line
21 January 2012 13:33
mph
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mph
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Crewe

Lucky they are both crap eh?
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Flash is off-line
21 January 2012 13:49
Flash
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Flash
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Conwy


They spent 80 hours creating the original image!!!!!!
www.fowler-photography.co.uk


alexkidd is off-line
21 January 2012 13:59
alexkidd
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alexkidd
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East Yorkshire
Hull

honestly no, it's a load of iconic subject matter in a not particularly unique setting edited in a not particularly unique way

judge was a noob imho.
www.as-images.com or co.uk ~ i lack interweb social skills and may come across a bit james blunt


Andy Johnstone is off-line
21 January 2012 14:28
photomane9
Photographer
photomane9
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United Kingdom
London
Bexleyheath

Quote from paulford
 just a thought you have posted a picture of said bus/bridge so that my be seen as breach of copyright.


Fortunately as these images were published in a report of judicial proceedings, I am protected by Section 45 of the Copyright Designs and Patents Act 1988.frown


Oliver Cook is off-line
21 January 2012 15:28
artistoli
Photographer
artistoli
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Europe
Malta


As if the authorities actually waste time with this kind of stuff. Its clearly not copyright infringement; they are totally different images, they just use the same iconic subjects.

If the authorities really want something to do they should sort out the wholesale and quite blatant copyright theft that happens on a vast scale on places like eBay (just check out all the printers just stealing photographs and art and putting them on canvases (and often making it out like they made the images!), or all the morons stealing images and putting into collections and selling on CDs).

Nope, that would be too difficult.



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