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there has been a case on this wasn't there? Involving Eiffel tower I think. Exact point - 2 almost identical photos - one taken after seeing the other and Court said clearly - no copyright in the idea - can't recall the case name now
House of Lords decision I think - will now spend afternoon looking this up on Lawtel otherwise will bug me
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Quote: For an artist, his reputation should be much more valuable than any reproduction fee. Just telling him that you are thinking of giving the story to the local paper should be far more effective than any law court could be. And it's free!
true but - danger would be if he can't back this up and artists reputation is tarnished - then the hunter becomes the hunted
Possibly, but French law is likely to be relevant as far as the Eiffel tower is concerned. If I remember correctly, the Eiffel tower is a bit of a special case under French law in that it, or at least its illuminations, are protected under French copyright law so you can't reproduce photographs of it. It's a quirk of French law, not sure to what extent it covers other famous buildings in France.
If you can dig out a case about it then I would be very interested!
Definitely 'Bookmarking' this thread!!! TWO Lawyers!!
I don't think french jurisdiction applied as both were british togs and image was published in UK
might put a trainee on it!
obviously I am far to busy to be messing around on forums...
Quote: Definitely 'Bookmarking' this thread!!! TWO Lawyers!!
all you need is 20 more and you have coach load to push off cliff
Tthe question is about the copying of the photograph as produced by irishman.
Be interesting to know how he may have obtained a print to copy it.
It would have to be same enough to convince a reasonable person that it could only have been produced from the photograph and not painted from the original location using similar ideas to yours.
I will bet an ounce of best Shag that if you look at all the photos of Stanage Edge you will see many which are identical to all intents and purposes.
I bet another ounce that if you were to look at digital art featuring semi clad ladies and dragons the same would apply.
Are you so certain that your style in the image is so unique it could only have come from your photo?
2 lawyers double the confusion
Once attended court to give evidence in a case. The defence lawyer (a barrister from London dressed in an old boating jacket by the look of it) got really ratty with me because I kept denying entirely everything he said and denied being at the 'scene'. I had to point out to him there were two defendants, he was reading the wrong statement and he was asking me questions about the wrong one. A couple of grand of public money wasted on a Public school chump.
Quote: true but - danger would be if he can't back this up and artists reputation is tarnished - then the hunter becomes the hunted
Well there's always the defence of truth, if he's sure it's been copied - but if the artist knows he copied it - as he should do if he DID copy it, then just the threat should be enough!
comes down to what he can prove however we look at this
Agreed, though the artist may be worried just by the threat of it, if he knows he IS in the wrong.
Quote: Be interesting to know how he may have obtained a print to copy it
It was posted on another website but it stated clearly that the photo was the copyright of the owner, e.g (c) Martin Fleming, on the picture itself.
Quote: Are you so certain that your style in the image is so unique it could only have come from your photo?
110% sure, it hard to describe but if I were to put both photo and painting side by side, it would be hard to see much differenve between them apart from a boat and person added by the artist, then if I were to put another photo from the exact same spot beside mine, again there would be a big difference, it would be diificult to reproduce the weather conditions that were on the day that I took the photo.
Why not post them both Martin?
You are questioning his © and IF he kicks up - so what? You have - in your mind - sufficient evidence that your © has been infringed and airing his work might very well force his hand to your advantage.
It's my understanding that the Law is there for 'guidance' and not as a 'code' a la the American system.
Do you have the original metadata on your image file assuming its digital?
The BFP recently highlighted a case where a photographers image was reproduced, in part, of african school children(dressed the same, same expressions, same positions etc) sat at desks in a classroom on the back of a note of currency. The photo and the note were placed on the BFP magazine page and whilst not completely identical it was obvious that the image had been plagurised(if thats spelt wrong I'm sorry. I learnt ded gud at skool!)
They are now chasing that particular government for copyright theft. He has the metadata to prove when he took the picture.
Remember 'my sweet lord' by Georeg Harrison and 'he's so fine' I think the Charelles or somat like that?
Not identical but proven in a court of law as a breach me thinks!
I wrote a TV script (called a treatment in the trade) for a pal of mine who was a lead writer on Coronation Street. It concerened a golf club and was a comedy. He loved it and passed it on for me. Blow me, within 6 weeks Jack and Vera had applied for stewardship of a golf club and some of my lines (tweeked of course) were used!. Not a breach of copyright though. Just a variation on a theme! We fell out! Confusing or what!!!!
Well I'm not getting on the said or any coach that's going over the said or any cliff! I'm also now feeling very old as I've been a lawyer for longer than both of you even if you combine your years of practice together (well almost). Anyway even though there is an argument as to whether copyright has been breached (2 lawyers can always find an argument), and I have strong reservations as to whether it would succeed, I doubt the claim is worth very much. I also doubt it would be worth getting out of bed for as some model allegedly said. I would also be careful what allegations I make unless you can prove them because that could be costly - I can't wait to see if Marco Pierre White takes on Gordon Ramsey!
Heavy lunch going back to sleep now
and then there were 3!
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