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Copy Cat

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  #1  
Old 06-17-2009, 07:26 AM
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Godmother Godmother is offline
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Copy Cat

What if i like and image and i find a similar model, use same make up, styling, pose, lighting, etc etc.
Then post it in my website as my own.

Is that Legal?

xx
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  #2  
Old 06-17-2009, 01:25 PM
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Re: Copy Cat

Godmother, since you are using your own lighting and different model, in my opinion you are emulating another photographer's work but not copying the original work. I would think that you are not violating a copyright. However, I am not a legal expert so some other member may wish to comment.
Regards, Murray
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Old 06-17-2009, 03:11 PM
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MBChamberlain MBChamberlain is offline
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Re: Copy Cat

It's not a copyright violation, but it is being a copy cat, as you said. Why settle for being a mimic?

Attempting to copy an image is a really great thing for learning purposes. It teaches you to think more critically and exposes weaknesses in your technique and provides you with a broader base of experience to draw from. But I think to mimic another photographer's shot for the purposes of promoting yourself is a bit dishonest. You aren't showcasing your own talents, merely your ability to imitate the talent of others.

So go and copy the photograph, learn what you can from it, then go shoot something better to put on your website.

Cheers,
Michael
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Old 06-26-2009, 07:06 AM
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Godmother Godmother is offline
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Re: Copy Cat

So to get this right... It's not ilegal? If I have on my website a pic that looks EXACTLY the same as another photographer's published picture... I'm not braking the law? I can't get sued? Something like ... "likeness"??
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Old 06-26-2009, 07:29 AM
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PixFixGuy PixFixGuy is offline
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Re: Copy Cat

Hello Godmother;
If it's exact like in indistinguishable you could have a problem if the originator is litigious and sees it. Why do that anyway? Listen to MB Chamberlain. Your site is about YOU! It should reflect your work. You can use the other guys style but execute it in your unique way. That has been going on forever. Do your thing not someone else's.
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Old 06-26-2009, 07:30 AM
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Photodivauk Photodivauk is offline
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Re: Copy Cat

Hi Godmother. Hope its OK to post. In the UK you might get into hot water if you took a published image, pastiched it and then tried to use your image commercially. There have been a couple of cases where the original photographer won - so stuff like intellectual property and originality comes into the equation. If your 'copy' is sufficiently like the original, it could breach copyright. Not sure what the situation is in the US.

On this forum there's a lot of interest in Dave Hill's techniques, no doubt people wanting to emulate his style. In the same vein, I'd venture that you could do what you suggest, use it in your portfolio/website to promote your skills, but might be dodgy to sell or use said image commercially.

There was a recent tv prog on Rankin who 're-created' some iconic photos. I noticed that most were significantly 'his' style, and not a blatant copy of the original.

As has been said above, why do you really want to do that?
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Old 06-26-2009, 12:03 PM
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Re: Copy Cat

God, You will be alright, if you shoot it later than the original, make it better.

It's funny 'cause I always get t'd at people stealing mine or another's images and crack down on it. I always say, just ask, I'm a pretty generous guy, I'll trade you for a piece of your work. It's that easy. There is a pretty famous artist in California who is a paper-toy artist which is awesome but also a brilliant illustrator, world class. She contacted me once about using my images as a starting point for her illustrations. I was actually honored because her work is unreal. I asked for a piece of her work in exchange and sent her and still do to this day, high-res copies of whatever she wants. When it starts in trust like that I feel artists should help each other that way.
Was this even on topic??? Hmmm?
c
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Old 06-26-2009, 12:40 PM
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Re: Copy Cat

Close enough and a great idea!!!
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  #9  
Old 06-26-2009, 07:34 PM
EugeneB EugeneB is offline
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Re: Copy Cat

Hi All, YES, the original photographer can sue you for copying their work, and they could win in court. If you use someone else’s work without saying it is a RECREATION of their work, it infringes their intellectual property rights. The copyright owner can choose statutory damages of up to $150,000 for each work infringed.

I am not a lawyer so check this out with a copyright attorney.
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  #10  
Old 06-26-2009, 07:41 PM
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Re: Copy Cat

I am sorry but Eugene is a bit misspoken. Statutes vary from state to state but ultimately it is a federal crime. True that blatant use ie; theft of image for ones personal use or for use by an entity of more than one is indeed a theft of "intellectual property", someone using the property such as a painter using a photo to create an exact copy only in paint becomes touchy but if the image is changed in such a way as to not blatantly emulate the original the infrigement becomes very hard to prosecute. Among others I shoot for AP and there is a big issue now that will most likely go to the high courts because of a painter stealing an photographers image of Obama and making an exact representation of it with not even a mention or credit to the shooter. He then used the image to make t-shirts, buttons and such and sold them at the inauguration. That is a big no, no and it's ridiculous that it even needs to be heard by a judge.
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