Tricks of the subconcious mind - is this copying??

[AshNZ]

Just under 3 (32 months to be exact) years ago, I came across the following picture on Flickr. I instantly loved it. I loved it so much that I commented on it and fav'd it on Flickr.


Mt Victoria Summit Night Black and White by iJayJay, on Flickr

But then, as usual, I moved onto other stuff and forgot about the image (at least consciously). Then about 6 months ago, I was at a vantage point in the city and I thought I had a creative spark and I came up with this picture on the location:


Untitled by Arsh NZ, on Flickr

I honestly believed it was my creative spark that came up with my picture and it definitely was one of my top pictures of 2011. When I took the picture I did not remember the picture I had fav'd about 2 years earlier. I didn't even know that picture existed. Yet, I ended up something eerily close to that picture. What really stunned me that I even opted for the same greenish tint in PP which is exactly the same as the picture I had fav'd!! I did all this without even remembering the picture but somehow my brain retained all that information and I ended up with a very similar picture.

It was only few days ago when I was going through my favourites on Flickr that I realised what had happened. It kinda left me a little disappointed that the picture wasn't my idea at all.

Now considering that I did not remember that picture consciously do you think this is copying?

Also, even if I did remember the picture consciously is there anything wrong with recreating the pictures of other artists?

Just an interesting story I thought I'd share with you all and also get some discussion going!

[SwissJon]

Well, it's not the same photo, the position of the background is different.. In the original, the tower is on the right, so its not copying.. At best it's inspired by the other photo, but if you can honestly say you don't remember the other one, then it's not even that (only you can know if that is true).. The thing is, there are only so many vantage points that you can take certain kinds of photos from, and only so many directions you can point your camera, so you're bound to have some of your photos coming out similar to other peoples. All you can really say is that your thought processes were similar at the time of taking it, which should really come as no surprise.

[Aegea]

Originally Posted by SwissJon

The thing is, there are only so many vantage points that you can take certain kinds of photos from

Very true - take a look at this site:

Hundreds of Tourist Photos Weaved into One (18 total) - My Modern Metropolis

[Biomech]

A great example of the power of the unconscious mind

[Doug Pardee]

It's called "cryptomnesia". A famous modern example is the US lawsuit that George Harrison lost in which the judge found that My Sweet Lord was subconsciously copied from He's So Fine.

[UlpilotSC]

You didn't scan the original, so it's not copying. If it was, every wedding photographer ever is copying every other wedding photographer, ever. Bride solo in a dress in the front of a church, bride with mom, bride with dad, brides first dance... It's all the same over and over, no originality. Oh, bride on the beach with water behind her and wind blowing her hair? Done, done, done.
Even if you were standing right next to the photographer when he snapped the shot and you thought, "woah, cool!" and walked over there when he left and took the same picture, so what? he doesn't own that location once he pushes the button. If so, theres not a spot in Disney world you can take a photo any more.

[OsmosisStudios]

Put it this way: in a court of law, that's plagiarism.

[metallion58]

Originally Posted by Doug Pardee

It's called "cryptomnesia". A famous modern example is the US lawsuit that George Harrison lost in which the judge found that My Sweet Lord was subconsciously copied from He's So Fine.

I was coming with that same example.
Copying others (consciously or not) is not bad. It may even be a good learning experience, as long as you don't claim the idea is from you. It's your picture, your setup and your exposure choices. Just not your original idea.

[OsmosisStudios]

Originally Posted by metallion58

I was coming with that same example.
Copying others (consciously or not) is not bad. It may even be a good learning experience, as long as you don't claim the idea is from you. It's your picture, your setup and your exposure choices. Just not your original idea.

Until you try to sell it, if that ever were in the cards. Then, the artist of the "inspirational" work can sue for an injunction/damages.

[rosserx]

I remember this topic came up here a few months ago with this example.
Bob Dylan's Gagosian Paintings May Be Plagiarized From Photographs