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Home > Dreamstime Message Board > Stock photography blog > Copyright or Copycat?

 

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Copyright or Copycat?

Author Message
Boughn
325 posts
Message edited at 09/19/2007, 10:40:35 AM by Boughn - member is an admin
New article posted: Copyright or Copycat?


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Maigi
1102 posts
Message posted at 09/19/2007, 10:51:13 AM by Maigi
Hmm... for a second I read the title - Copyright or Copyleft :) Thank you for the article! I read from another forum, that if you want to protect your copyright you need to register your images. But isn't it true that you have the copyright from the moment you created your work. Why then to register?
Canon 400D (since ID 2509071), Canon EF 50mm 1.8 I...

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Charon
43 posts
Message posted at 09/19/2007, 11:04:05 AM by Charon
Copyright is like human rights, I thought.


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Kenneystudios
384 posts
Message posted at 09/19/2007, 11:09:55 AM by Kenneystudios
Great advice and examples.
Canon 30D; Canon G9; Photoshop CS3; many, many lenses.

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Boughn
325 posts
Message posted at 09/19/2007, 11:49:17 AM by Boughn - member is an admin
Maigi: your work is copyrighted the minute you create it but registering the work makes it much easier and the financial rewards greater if the work has been registered prior to or within the first publication.


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Maigi
1102 posts
Message posted at 09/19/2007, 12:17:00 PM by Maigi
So, is it so that every country has its own ways and institutions to do that or is there some international organisations? Sorry, if my questions are stupid, I can't find any information about it in Estonian.
Canon 400D (since ID 2509071), Canon EF 50mm 1.8 I...

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Fotogeek
91 posts
Message posted at 09/19/2007, 12:35:46 PM by Fotogeek
Ellen, can I use two pictures bought from DT to create another picture that will show a concept or convey a message? Right now I have an idea, but unfortunately not the images and no chance to get them any time soon. The final image would be a composite image using a photo editor.
Nikon D100, Sigma 10-20 f/4-5.6 EX DC HSM Nikkor 28-80 1:3.3...

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Boughn
325 posts
Message posted at 09/19/2007, 12:40:38 PM by Boughn - member is an admin
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. http://www.copyright.gov/fls/fl100.htmlThere are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html (very heavy reading) and the Universal Copyright Convention (UCC)http://portal.unesco.org/culture/en/ev.php-URL_ID=1814&URL_DO=DO_TOPIC&URL_SECTION=201.html.Information specific to Estonia:http://www.wipo.int/search/query.html?qt=Estonia&la=en


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Maigi
1102 posts
Message posted at 09/19/2007, 12:47:31 PM by Maigi
Huge thanks, Ellen!
Canon 400D (since ID 2509071), Canon EF 50mm 1.8 I...

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Boughn
325 posts
Message posted at 09/19/2007, 13:04:47 PM by Boughn - member is an admin
You are prohibited from using two images from Dreamstime to create a single new image. The copyright owners control the right to modify the work (derivative works). I quote from Wolff's book: "The copyright owner holds the exclusive right to modify the original work. This includes the right to make a painting from a photograph or a collage from several different photographs or images....Manipulating and combining images in Photoshop or similar computer programs without permission is an example of an unauthorized derivative use."


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Tracytmlpub
7 posts
Message posted at 09/19/2007, 13:40:43 PM by Tracytmlpub
For all of us in the creative field, copyright laws are important to know. Thanks for the refresher course!


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Thefinalmiracle
483 posts
Message posted at 09/19/2007, 15:31:10 PM by Thefinalmiracle
Copyrights are important but the laws and their implications are very weak in standards. As far as I know from the music scene and being the CEO of a music label, 1 out of 5000 cases of copyright cases reaches settlement stage regardless of the country and the law.
Canon Rebel XSI / 450D with Canon 18-55mm IS Lens & Tamron 7...

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Tweakhp
225 posts
Message posted at 09/19/2007, 16:39:38 PM by Tweakhp
interesting and informative article...thanks a lot
Canon Digital Rebel XT (350D) Canon EF-S 60 mm f2.8 macro ...

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Littlemacproductions
352 posts
Message posted at 09/20/2007, 04:42:35 AM by Littlemacproductions
I have seen posts in the past, regarding a request from a designer. The request was of an image they saw on a more expensive site. They wanted 'one of us' to recreate this image and post. I really can't remember if it was accomplished or not, but it certainly fits into this discussion.
Assorted tools but most important, two brown eyes.

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Tupungato
60 posts
Message posted at 09/20/2007, 05:31:34 AM by Tupungato
Sometimes there is not so much choice. There is one specific spot, from which everyone takes photos and everyone has more-less the same shots. Search for "Peyto Lake".
Canon Digital Rebel XTi (400D) + Canon 17-40/4 L +...

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Boughn
325 posts
Message posted at 09/20/2007, 20:44:16 PM by Boughn - member is an admin
It sometimes happens that a designer or art buyer or art director will fall in love with an image but not be able to locate the photographer, not have the budget for licensing or shooting the image. In this case they might ask you to recreat it. This is very thin ice. You can 'copy' the idea but not the execution. So you can shoot an image that 'says' the same thing but not in the same way...as the face/map images in the blog post.


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Chuckee
3 posts
Message posted at 09/25/2007, 22:58:48 PM by Chuckee
I don't ever post here, but feel I need to in this case. The analysis of the two face/map images as being potentially in violation of copyright because of their similarity and "uniqueness" is incorrect. A photographer can freely re-create an image which is "unique" or otherwise without violating copyright, even if "the average person would think it was almost an identical image on casual review".
Canon 10D 580 EX 16-35mm 24-70mm 70-200mm 100-400mm

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Boughn
325 posts
Message edited at 09/26/2007, 00:41:28 AM by Boughn - member is an admin

Originally posted by Chuckee:
Quoted Message: The analysis of the two face/map images as being potentially in violation of copyright because of their similarity and "uniqueness" is incorrect.

Chuckee: you didn't read my blog carefully. I said that the two images with a map/face were not in violation of each other's copyright as the execution was different in each case. I said they were NOT potentially in violation of copyright. Sorry if that wasn't clear. And I say again, "I am not an attorney nor judge nor jury. Just giving my opinion based on business experience."


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Chuckee
3 posts
Message posted at 09/26/2007, 09:14:28 AM by Chuckee
Actually, I did understand your meaning. It was my response that was unclear. My point was that I believe the general analysis is incorrect. The "unique" nature of an image has nothing to do with copyright. There is nothing in the law which prohibits someone from using another person's creative expression (i.e. image) and recreating it him or herself. Even if the images are identical in almost every detail, there has been no copyright violation. For example, THIS image and THIS image by two separate photographers are almost indistinguishable, yet, there is no copyright violation.
Canon 10D 580 EX 16-35mm 24-70mm 70-200mm 100-400mm

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Boughn
325 posts
Message posted at 09/26/2007, 10:35:28 AM by Boughn - member is an admin
I must need another cup of coffee this morning but it looks to me like both the photographs that you have referenced below ARE by the same person: Ursula.


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