Copyright question

[ajax_andy]

If someone takes a photograph you took and recreates it almost identically, uses it in an advertising campaign... Can you sue them?

I know photographs are copyrighted, but what about ideas and concepts? If a pic is unique and reproduced almost identically would you have a leg to stand on?

Originally Posted by ajax_andy

If someone takes a photograph you took and recreates it almost identically, uses it in an advertising campaign... Can you sue them?

You can sue for anything. It's the law.

I know photographs are copyrighted, but what about ideas and concepts? If a pic is unique and reproduced almost identically would you have a leg to stand on?

Are you just mad they did it better than you?

Oh, and the answer is no.

[ajax_andy]

Originally Posted by maxharvard

You can sue for anything. It's the law.



Are you just mad they did it better than you?

Oh, and the answer is no.

No they haven't actually done anything yet, it's a hypothetical question at the moment. However should they do it I have a record via facebook of one of their employees talking about recreating it for their own purposes, if that makes any difference?

[MrJones]

Originally Posted by ajax_andy

No they haven't actually done anything yet, it's a hypothetical question at the moment. However should they do it I have a record via facebook of one of their employees talking about recreating it for their own purposes, if that makes any difference?

I don't think you have any ground for a lawsuit.
you can sue them if they use your exact photo (which they won't) or duplicate it and sell it as one of your photos, something like copying the mona lisa and selling it as Da Vinci's.

[Nicole]

Originally Posted by ajax_andy

I know photographs are copyrighted, but what about ideas and concepts? If a pic is unique and reproduced almost identically would you have a leg to stand on?

Not really: U.S. Copyright Office - Copyright in General (FAQ)

Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

[Azaki]

That is a good reason to shoot RAW, you have the high res photo that you never release.
If there is a question of who did what, you have the high res RAW file, and they don't.(You win)

If you both have a high res photo you both took the same shot.(unlikely, but a draw)

[ajax_andy]

Originally Posted by Azaki

That is a good reason to shoot RAW, you have the high res photo that you never release.
If there is a question of who did what, you have the high res RAW file, and they don't.(You win)

If you both have a high res photo you both took the same shot.(unlikely, but a draw)

Hi,

yes they dont have the high res version, just a very low res on that my mate posted on facebook.

I'm concerned about them re-creating the exact same photo using a different location and models, then passing it off as their own idea.

To give this problem some context this is the pic in question:



So as you can see this isn't just any old snap that could easily be accidently re-produced without any copying... its a concept that would be being copied should they re-create it.

[mad editor]

You cannot do anything about someone "copying" your idea. When I had a gift basket business, people were always copying designs from each others websites. The only time you could claim a copyright violation was if someone lifted your photo from your site and put it on another as their own photo. But if they copied your design - nothing you could do about it.

[mshockley]

If they were to duplicate your image and you both have RAW files as mentioned above, YOU would at least have a RAW file dated with an earlier date to prove you took the image/concept/idea first. Just throwing it out there. Maybe you could begin to drop a few hints on your Facebook Page about this "concept image" you've created, and how you will be able to prove the date of image, etc. Launch a pre-emptive strike that may discourage the would be copycats?

[ajax_andy]

Originally Posted by mshockley

If they were to duplicate your image and you both have RAW files as mentioned above, YOU would at least have a RAW file dated with an earlier date to prove you took the image/concept/idea first. Just throwing it out there. Maybe you could begin to drop a few hints on your Facebook Page about this "concept image" you've created, and how you will be able to prove the date of image, etc. Launch a pre-emptive strike that may discourage the would be copycats?

Yeah that was my thinking, I can show I created this concept first... unfortunately by the sound of things it wont matter though

I'll see what happens though and maybe do some further investigation should they rip off my pic / concept.