Similar, but not copied, image found to breach copyright

[space-time]

story here

http://www.dpreview.com/news/2012/01/25/...right_Case

http://www.amateurphotographer.co.uk/new...11191.html

and the two pictures here

http://www.swanturton.com/multimedia/doc...graphs.pdf

[freeradical]

I agree with the ruling. I could go to Yosemite, and try to duplicate all the shots that Ansel Adams took there. It wouldn't be hard. You just have to know what time of year, and what time of day he took the shots so you could duplicate the lighting.

[rich in distress]

I am shocked, but I also agree. Besides, it is a bad copy.
What happened regarding bussiness makes it very malicious, and for that 5k is not enough... not even if they are pounds.

[OWC Jamie]

freeradical wrote:
I agree with the ruling. I could go to Yosemite, and try to duplicate all the shots that Ansel Adams took there. It wouldn't be hard. You just have to know what time of year, and what time of day he took the shots so you could duplicate the lighting.

except by that court's metric you shouldn't have to get up from your couch. Just pointing your lens in that general direction could be sufficient




I hope this doesn't mean all the porn on the internet is going away except for copies of the original caveman porn

[pdq]

Can a straightforward digital reproduction of an old (>100 years old), famous painting be subject to copyright?

ie, can one use an image of an old painting you found on Google Images, say, in your own book or do you have to go and take your own picture?

[Racer X]

So, everyone who takes a picture of the Space Needle framed in the bronze sculpture at Kerry Park is stealing someone else's image?

https://www.google.com/search?q=kerry+park&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&hl=en&tbm=isch&source=og&sa=N&tab=wi&ei=mBciT4r8FMKqiAKuqK3UBw&biw=1440&bih=623&sei=nBciT8C2N7DJiQL-7OjSBw

[Zoidberg]

Oh, this is gonna be fun... https://www.google.com/search?q=holding+...er+of+pisa&hl=en&safe=off&prmd=imvns&source=lnms&tbm=isch&ei=ChwiT6_KA4nc2QXM-I3gDg&sa=X&oi=mode_link&ct=mode&cd=2&ved=0CAwQ_AUoAQ&biw=2144&bih=1249

[decay]

http://www.bbc.co.uk/newsbeat/16744861

H&M accused of copying artist's design for home range



Artist Tori LaConsay claims her design (left) looks similar to H&M's goods (right)


Tori LaConsay, painted a billboard in the U.S with the message 'You Look Nice Today' to make residents in her town feel good about themselves.

A couple of days ago, she realised that H&M were selling towels, pillows and doormats with a similar design.

Her friends contacted H&M.

One message written in support of Tori LaConsay, from Georgia, Atlanta, said: "Your 'You Look Nice Today' rug and pillow design has been stolen from an artist based in the US named Tori LaConsay."

H&M's initial response denied copying the artwork: "H&M apologises if anyone thinks we have copied, which has never been our intention and not allowed.

"We have merely been inspired after seeing many different varieties of different text messages, to create something similar in a different font, with the use of the big and small brackets and the placement of the heart.

"We are truly sorry if we have led someone to believe that we intentionally copied someone else's creation."

Apology

The 32-year-old artist painted the sign back in 2008, as a gift to people in her community. She hoped it would cheer them up as they went past it on their way to work.

After hundreds of complaints, H&M apologised for their Customer Services handling of the matter and posted a message earlier today to say "We're in direct contact with Tori LaConsay."

[archipirata]

Completely disagree with the ruling. You can't copyright ideas, just actual expression. And while the ideas may be similar, the images are completely different. By the judges reasoning, any image of a red bus and a monochrome background with sky would be an infringement. There have been billions of photos taken and it is likely that any image you take would bear enough similarity to others to be infringing by this reasoning. I have taken photos of landmarks from particular vantage points that I have later seen near duplicates of posted by others. Should I sue them?

[jdc]