Model

CTD- NYC Model

Posts: 969

Fairfield, Connecticut, US

Okay, I've seen a few photos I really like.. okay love. I think they are great ideas. If I asked a photographer to recreate the photo, would it be cheating? Sure it could be changed a bit.Would you do it?

Aug 20 05 10:03 pm Link

Photographer

Columbus Photo

Posts: 2318

Columbus, Georgia, US

No, it wouldn't be cheating.  Go to it.

Paul

Aug 20 05 10:16 pm Link

Photographer

- null -

Posts: 4576

Well, I always say every artist is a cannibal, every poet is a thief.

... Okay, I didn't say that. Bono from U2 said it.

But it's still true.

Aug 20 05 10:21 pm Link

Model

Jordan

Posts: 4067

Salt Lake City, Utah, US

I think it would be ok. Ive heard a wise man on here say that nothing is new, its all been done before anyway. I say, go for it smile

Aug 20 05 10:55 pm Link

Model

angelavasquez

Posts: 844

Murrieta, California, US

Ofcourse I would do it. when you ask a photographer to recreate a photo they can put their own twist on it which makes it that much more interesting! big_smile

Aug 20 05 11:04 pm Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

All kill their inspiration and sing about the grief.

Aug 21 05 05:25 am Link

Photographer

CreativeSandBoxStudio

Posts: 1984

London, England, United Kingdom

Try dealing with ad agencies or design firms that the art director has no sense of creativity and hires you  with this line " I want you to create this ad(of course they are ahowing you another ad)", I usually tell them why don;t you just hire that shooter instead of making me create something someone else has done.

Aug 21 05 05:40 am Link

Photographer

piers

Posts: 117

London, Arkansas, US

Copyright infringement would cost you a lot.

A major record company asked one of the big stock agencies to send over some imagery. They liked one shot, but didn't like the fee so got another photographer to recreate the shot. Then it got put on a CD cover. Then it went to court and the record company got sued for $25,000US or thereabouts.

Aug 21 05 09:07 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

piers wrote:
Copyright infringement would cost you a lot.

A major record company asked one of the big stock agencies to send over some imagery. They liked one shot, but didn't like the fee so got another photographer to recreate the shot. Then it got put on a CD cover. Then it went to court and the record company got sued for $25,000US or thereabouts.

Got a citation for that case Piers? As you noted the payout in US$ I presume it was a US case.

Studio36

Aug 21 05 10:31 am Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

piers wrote:
Copyright infringement would cost you a lot.

A major record company asked one of the big stock agencies to send over some imagery. They liked one shot, but didn't like the fee so got another photographer to recreate the shot. Then it got put on a CD cover. Then it went to court and the record company got sued for $25,000US or thereabouts.

People sue for all kinds of crazy things.  The question is did they win?

Aug 21 05 02:20 pm Link

Photographer

piers

Posts: 117

London, Arkansas, US

Yes.

Aug 22 05 11:21 am Link

Photographer

giovanni gruttola

Posts: 1279

Middle Island, New York, US

I think it would be ok. Ive heard a wise man on here say that nothing is new, its all been done before anyway. I say, go for it smile

....ooops, I took that from Jordan https://bestsmileys.com/movingeyes/1.gif

Aug 22 05 12:36 pm Link

Photographer

Joe Tomasone

Posts: 12574

Spring Hill, Florida, US

Copyright infringement is not quite as cut and dried.   It depends on how original the "copy" is, and how original it COULD be under the circumstances.   Consider the Skyy Vodka case:

http://www.patenting-art.com/decision/skyysp03.htm

With model photography, there is obviously more lattitude in posing and lighting, and thus an attempt to copy would seem to be easier to establish.   

Why not go for a "tribute" piece - something reminiscent of, but not identical/too similar to the original?

Aug 22 05 12:51 pm Link

Photographer

Exoart

Posts: 59

Modesto, California, US

As far as copyright violation, it often is, and there are numerous cases through the years with big judgements. Read some back issues of PDN - they often have sections and stories on copyright issues and who won.

Most often the legal rangling only happens when one commercial ad is to much like another commercial ad. Ad Agencies and businesses can get pretty protective.  Never heard of a suit brought against a portfolio shot that looks like to much like another image.

Aug 22 05 12:55 pm Link