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   Author  Topic: Photography of staged subjects  (Read 1908 times)
nobody
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Photography of staged subjects
« on: Jan 6th, 2004, 3:58pm »
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Can anyone cite cases where a scene was staged, for example in advertising, and photographed, and then a second party restaged a similar subject, photographed it themselves, but nevertheless was sued for copyright infringement? In other words, someone copied an idea but no direct copying was made of any photos. Isn't this in conflict with the original intent of cop[yright law?
 
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tabberone
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Re: Photography of staged subjects
« Reply #1 on: Jan 7th, 2004, 6:28am »
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That would mean there could be one picture of Pikes Peak taken from the Springs, one picture of the Capitol Building, etc.  
 
That doesn't seem reasonable and would be tough to defend.
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nobody
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Re: Photography of staged subjects
« Reply #2 on: Jan 7th, 2004, 8:56am »
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"That would mean there could be one picture of Pikes Peak taken from the Springs, one picture of the Capitol Building, etc."
 
Not at all - I said "staged" - not "framed."
 
For example, assume I photographed my Fender Strat(R) against an unlikely background, with a ****y woman holding it in an unlikely manner. (Like something you might see in a magazine ad.) You could view this as one frame from a play or something. There could be minimal originality in the selection of the parts of which is at your discretion.
 
I once ran across a discussion of something like this but I can't find it.
 
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JimIvey
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Re: Photography of staged subjects
« Reply #3 on: Jan 7th, 2004, 1:39pm »
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To the original question: Yes, there is such a case in the last year or two (maybe longer -- I may be getting old....).  It involved the opening scene in "Midnight in the Garden of Good and Evil" (starring John Cusack).  The opening shot was similar to the photo on the cover of the book and the photographer of the book cover photo sued (I believe) and lost (movie won).
 
It probably has language you're looking for.  I'll see if I can find a citation for you.  Pester me later if I don't post it here in a reasonable amount of time.
 
Regards.
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tabberone
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Re: Photography of staged subjects
« Reply #4 on: Jan 7th, 2004, 2:01pm »
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How about this:
 
http://www.photosource.com/cpyright/cpyjan01.html
 
and here:
 
http://www.law.emory.edu/11circuit/may2000/99-10087.man.html
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